A selection of the need-to-know civil justice news for the week of July 26-Aug. 1.


Courts Not Arbitrators Decide Whether Class Claims are Subject to Arbitration

Matthew Stiegler I CA3blog

Employees sued their employer in federal court, individually and as a class, for failing to pay overtime. The employees had signed an employment agreement that included a provision that any dispute relating to their employment would be submitted to arbitration.

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Third Circuit Requires Litigants to Repay Medicare From Settlements

Charles Toutant I New Jersey Law Journal

The U.S. Court of Appeals for the Third Circuit ruled July 29 that a Medicare beneficiary who receives a personal injury settlement must reimburse the government for medical bills it paid in connection with the accident.

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Lawsuit Against Pizza Chain Logo Resembling Parkway Insignia Defended by Officials

Steve Strunsky I The Star-Ledger

State officials Tuesday defended a decision to sue a small Florida pizza chain for mimicking the Garden State Parkway’s iconic yellow and green insignia in its logo. John O’Hern, chief operating officer of the New Jersey Turnpike Authority, said failing to take action would leave the state vulnerable to charges of selective enforcement from anyone seeking to exploit the state’s intellectual property.

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Filing Deadline Under Tort Claims Act Waived for Disabled Litigant

Charles Toutant I New Jersey Law Journal

A New Jersey appeals court ruled on July 28 that an incapacitated plaintiff is entitled to relief from the filing deadline under the state’s Tort Claims Act even though her guardian was capable of bringing the claim on a timely basis.

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Man Sues Pizzeria for Injuries During Robbery Attempt

Sean O’Sullivan I The News Journal

The first time Nigel Sykes tried to get money from the Seasons Pizza restaurant, he did it with a gun, forcing his way into the business through the back door. This time, Sykes is trying to get money from the pizzeria by suing the employees who tackled him and wrestled his gun away during the robbery.

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Even Matt Lauer Thinks This Lawsuit is Ridiculous


Lawyers Say Christie Administration Stonewalling Records Requests

Michael Booth I New Jersey Law Journal

Lawyers representing government watchdogs and media outlets are claiming that the administration of Gov. Chris Christie has adopted a stance in which requests for information made under the state’s Open Public Records Act are being routinely denied out of hand, leading to an increasing number of court fights.

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N.J. Trial Judge Numbers Lowest in 14 Years

David Gialanella I New Jersey Law Journal

The New Jersey judiciary is getting by with fewer and fewer resources, as judicial ranks have hit a valley, according to this year’s general assignment order.

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Three Judges Added to New Jersey Appeals Courts

Michael Symons I Asbury Park Press

Three Superior Court judges start new assignments in the Appellate Division today. Carol Higbee, Thomas Manahan and Thomas Sumners are now among New Jersey’s 32 appellate judges, who jointly decide more than 6,000 appeals a year from decisions by the trial courts, Tax Court and state administrative agencies.

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