NJCJI Urges U.S. Supreme Court to Overturn New Jersey Court’s Anti-Arbitration Ruling

The New Jersey Civil Justice Institute has filed a joint amicus brief with the U.S. Chamber of Commerce asking the United States Supreme Court to overturn a recent New Jersey Supreme Court ruling that places limits on arbitration agreements. Action from the Supreme Court is desperately needed. The New Jersey decision is already wreaking havoc on the state’s contract law - pushing more cases into courts and out of cheaper, faster, and more efficient arbitration programs.

By |2015-03-05T00:39:27-05:00March 5, 2015|News, Top Stories|0 Comments

New Jersey High Court Punts?

On February 18, the New Jersey Supreme Court issued its decisions in two cases that had the potential to dramatically re-shape the state’s insurance law. The court’s opinion in the Wadeer case has gotten the attention of the legal community, but not for the reasons one might expect. The court declined to answer several questions related to the case, and instead directed the Civil Practice Committee to look into the issues and make recommendations.

By |2015-03-05T00:16:02-05:00March 5, 2015|News, Top Stories|0 Comments

Court Issues Important Insurance Law Rulings

On February 18, the New Jersey Supreme Court issued opinions in two cases that had the potential to dramatically re-shape the state’s insurance law. The court resolved both cases on limited grounds that upheld pre-existing expectations while clarifying the law prospectively, as NJCJI urged it to do in an amicus brief. The court also directed the Civil Practice Committee to take up broader policy questions for further study.

By |2015-02-20T13:53:31-05:00February 20, 2015|News, Top Stories|0 Comments

Recapping the Oral Arguments in Lippman v. Ethicon, Inc.

On January 20, the New Jersey Supreme Court heard oral arguments in one of its biggest cases of 2015, Lippman v. Ethicon, Inc. The court will decide if an employee performing activities as part of his or her core job functions, on that basis alone and without further conduct by the employee, can seek whistleblower protection under the Conscientious Employee Protection Act (CEPA) if they are fired. The day after the case was heard, NJCJI hosted a policy teleforum on the case featuring Adam Saravay, a partner at McCarter & English, who co-authored NJCJI & NJBIA's joint amicus brief and participated on the organizations' behalf in the high court's oral arguments on the case. During the call, Saravay provided an overview of the case and its implications before sharing his insights on how oral arguments in the case went.

By |2015-01-23T14:35:44-05:00January 23, 2015|News, Top Stories|0 Comments

When Whistling Is Your Work

David Tykulsker’s recent opinion piece in the Star-Ledger, “N.J. Supreme Court should protect workplace whistleblowers,” paints a very one-sided, doom-and-gloom picture of the soon-to-be-argued employment law case Lippman v. Ethicon, Inc. Whistle-blowing under Conscientious Employee Protection Act (CEPA) has long been understood to mean something different than doing your job if you are tasked with being an in-house watchdog. Efforts by the plaintiff’s bar to upend this area of law to allow for more lawsuits should be dismissed.

By |2015-01-08T20:53:22-05:00January 8, 2015|News, Top Stories|0 Comments
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