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Posts in Commercial Litigation.
New Jersey Passes Public-Private Partnership Regulations

On Monday, April 20, 2020, New Jersey at long last finalized and passed the regulations needed to implement the Public-Private Partnership (P3) statutes passed nearly two years ago. The rules follow the anticipated chronological steps that will be undertaken through the life cycle of a P3 ...

Interpreting Force Majeure Provisions in Construction Contracts in Light of COVID-19 Disruptions

It is no secret that COVID-19 has caused significant business disruption, leaving many contractors with labor and material shortages that ultimately lead to delays. In such a scenario, questions have been raised concerning the right to additional time and money when performance is ...

Manufacturers Should Keep an Eye on State Efforts to Ban Certain Children’s Products

Over the past few years, several states have taken action, or are considering action, to ban certain types of children’s products, such as baby walkers.  This kind of legislation, and any similar proposed legislation, can have a profound economic impact on manufacturers, developers and ...

Second Circuit Adopts Broad Definition of Auto Dialer Under the TCPA

On April 7, 2020, the Second Circuit issued its ruling in Duran v. La Boom Disco, Inc., a matter addressing what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). This ruling was the third Circuit Court holding in 2020 to address this ...

Court Finds “Hypothetical” Injury Insufficient for Claims of ERISA Preemption of NJ’s Out-of-Network Surprise Billing Law

In a March 23, 2020 decision issued by Chief Judge Freda L. Wolfson, U.S.D.J. in NJ Spine Society, Inc. v. Caride, et al., the court addressed threshold standing issues relating to the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the OON Act ...

New York State Courts to Accept Fillings for Only "Essential Matters"

On Sunday, March 22, New York state courts issued Administrative Order 78. The Order was issued as part of the courts’ ongoing efforts to help curtail the spread of COVID-19, and restricts the acceptance of both paper and electronic filings in all cases to only certain “essential ...

How the Coronavirus Pandemic May Impact Your Contractual Rights

After taking the necessary steps to protect yourself, your family and your staff in response to the developing coronavirus pandemic, you may need to consider the effect that the government’s increasing restrictions may have on your ability to conduct business. Whether you are looking to ...

To Arbitrate or Not to Arbitrate (Commercial Disputes)

Last October, a Philadelphia jury awarded $8 billion (that’s with a “b”) in punitive damages against Johnson & Johnson arising out of the drug manufacturer’s failure to warn boys who took the drug Risperdal that they could develop female breast tissue as a result. The specter of such ...

On December 10, 2019, the United States Supreme Court issued its ruling in Rotkiske v. Klemm, an appeal from the Third Circuit concerning the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). The Supreme Court reviewed and affirmed the Third Circuit’s ...

New Jersey Contractors Should Keep a Leery Eye on Developing Debarment Law in New York

New Jersey contractors have cause to be concerned about a draconian debarment law in New York that, if it withstands a court challenge, could become a model for other states.

In April 2019, New York passed a law that, along with related regulations passed in June, require the Metropolitan ...

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