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Client Alert – Commercial Litigation: Do Not Bury Your Arbitration Clause If You Want It Enforced

January 16, 2019 in Client Alerts by walsh.law

By: Hector D. Ruiz On January 10, 2019, the New Jersey Supreme Court made clear that consumers will not be compelled to arbitrate claims of consumer fraud and other wrongs where the contract provision is misleadingly labeled and otherwise fails to convey clearly that arbitration would...

Third Circuit Sets Out Multi-Factor Test for Location of RICO Injury

October 8, 2018 in Client Alerts, Finance Law by walsh.law

In a precedential opinion filed on September 26, 2018, the Court of Appeals for the Third Circuit examined when a plaintiff’s allegations of a RICO injury are extraterritorial – and thus barred – or based in the United States and thus proper under the statute.  ...

Client Alert – Potential Changes Afoot for New Jersey Insurers

June 12, 2018 in Client Alerts by walsh.law

By: Richard J. Badolato Affirming the State’s persistent effort to become one of the most pro-policyholder jurisdictions, New Jersey’s State Senate on June 7, 2018 passed a bill dubbed the “New Jersey Insurance Fair Conduct Act,” following a near decade-long battle to introduce such an enactment....

Commercial Litigation: Sanctions for Non-Compliance with Court Rules May Not Include Depriving a Litigant of the Right to a Jury Trial

August 9, 2016 in Client Alerts by walsh.law

By: Marc D. Haefner In a recent opinion, the New Jersey Supreme Court held that trial courts may not “deprive litigants of their right to a jury trial as a sanction for failure to comply with procedural rules.”  Williams v. American Auto Logistics, (A-10-15) (N.J. 2016). In...

New Jersey Supreme Court to Consider Twin TCCWNA Class Certification Rulings

August 2, 2016 in Client Alerts by walsh.law

By: Peter J. Pizzi The New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), N.J.S.A.  56:12-14, et seq. went into effect in 1981. After over thirty years on the books, however, the TCCWNA has recently given rise to a wave of consumer class actions. The TCCWNA...

Trade Secrets: The 2016 Defend Trade Secrets Act creates federal court jurisdiction for theft of trade secrets

May 27, 2016 in Client Alerts, Tech Law by walsh.law

The Defend Trade Secrets Act of 2016, signed into law on May 11, 2016, creates federal court jurisdiction and additional remedies for the misappropriation of trade secrets, an area of law that had long been the domain of state courts except in diversity of citizenship...

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