By Colleen Murphy | October 23, 2023
Third Circuit Judge David J. Porter disagreed with the majority opinion and penned a dissent, which argued that the Food and Drug Administration shifted its policy and "failed to give a reasoned analysis or detailed justification for the policy change."
By Colleen Murphy | October 20, 2023
The New Jersey Appellate Division sided with the father of a girl who died of a drug overdose in his claim filed against several New Jersey pharmacies, finding that it was error to preclude consideration of the plaintiff's claims under the learned intermediary doctrine.
By Colleen Murphy | October 20, 2023
"The court disagrees with plaintiff's position that the analysis of the premises rule in Lapsley is somehow incomplete and instead finds that the decision supplies the correct legal framework for determining compensability and the application of the exclusive remedy provision in this case," U.S. District Judge Joseph H. Rodriguez said.
By Colleen Murphy | October 18, 2023
"Despite plaintiff's surgery and a year of physical therapy, it is undisputed by the town of Harrison's orthopedic expert that plaintiff still had a ten-degree decreased range of motion in his elbow, along with reduced grip strength in his left hand, as a result of his injury," the opinion said. "This—coupled with his alleged inability to dress himself, participate in gym class, participate in sports, and write with his left hand—creates a legitimate fact issue."
By Colleen Murphy | October 16, 2023
"Even if we read the exclusion narrowly, its plain language applies to plaintiff's personal injury claims," the New Jersey Appellate Division said. "There is no ambiguity. In defining its coverage, the policy clearly states that the coverage applies unless an exclusion applies."
By Colleen Murphy | October 13, 2023
"Here, the brief oral opinion the court issued immediately after hearing the testimony of Dr. Levin and Dr. Greenberg did not fully analyze, one by one, each of the Daubert factors," the per curiam opinion said. "The opinion correctly recited the factors in its general overview of the law. Unfortunately, its analysis of the factors was incomplete and seemingly inconsistent in some respects."
New Jersey Law Journal | Live Coverage
By Colleen Murphy | October 11, 2023
"Do you really want to turn this argument into a question about the ethics of those who have proceeded in this court?" Chief Justice Stuart Rabner asked counsel at one point.
By Colleen Murphy | September 29, 2023
The New Jersey Supreme Court granted certification in three cases, one of which was to a pro se appellant in a medical malpractice case dismissed with prejudice over an affidavit of merit requirement.
New Jersey Law Journal | Live Coverage
By Colleen Murphy | September 28, 2023
"First, let me begin by telling you what this case is not about," Steven M. Orlofsky, a partner with Blank Rome representing plaintiff AC Ocean Walk, said. "The defendants have what I call the 'scoreboard' approach. They have cited many state and federal cases from around the country which have decided these questions against policyholders. Those cases, while certainly entitled to consideration, are not dispositive."
By Colleen Murphy | September 27, 2023
"As evidenced by the defendants briefing in their oral arguments today, our state legislature clearly intended section 2.11 to apply to a very specific category of consumer frauds, namely specific acts in misnaming or otherwise misleading customers as to the identity of food on restaurant menus," Alex R. Daniel, who argued for amicus curiae New Jersey Civil Justice Institute, said.
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