On September 11, 2020, in a unanimous decision, the New Jersey Supreme Court found that New Jersey law does not require that an arbitration agreement identify the arbitrator, name the arbitral forum, describe the arbitrator...more
After the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision last December, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of...more
7/27/2020
/ Affordable Care Act ,
Appeals ,
California v Texas ,
Constitutional Challenges ,
Contraceptive Coverage Mandate ,
Department of Justice (DOJ) ,
Exemptions ,
Health Insurance ,
Individual Mandate ,
SCOTUS ,
Texas v US ,
Trump Administration
On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as...more
1/22/2020
/ Affordable Care Act ,
Appeals ,
Benefit Plan Sponsors ,
Congressional Authority ,
Contraceptive Coverage Mandate ,
Department of Justice (DOJ) ,
Employer Group Health Plans ,
Exemptions ,
Governor Murphy ,
Health Insurance ,
Individual Mandate ,
IRS ,
Motion to Expedite ,
New Legislation ,
SCOTUS ,
Severability Doctrine ,
Unconstitutional Condition ,
Vacated
On October 29, 2018 a N.J. Appellate Division panel reversed a dismissal of class action overtime pay claims brought against a freight-forwarding company that convinced the lower court that the company’s drivers and...more
11/20/2018
/ ABC Test ,
Appeals ,
Class Action ,
Contract Terms ,
Delivery Drivers ,
Dismissals ,
Employment Contract ,
Freight Forwarding ,
Independent Contractors ,
Motion to Dismiss ,
Over-Time ,
Reversal ,
Standing ,
Third-Party Service Provider ,
Wage and Hour ,
Wage Deductions
Since September 2017 when the Trump Administration announced the termination of the Deferred Action for Childhood Arrivals Program (DACA), litigation and Congressional inertia have contributed to the creation of an uncertain...more
On June 15 U.S. District Court Judge Wigenton determined that Jersey City’s ordinance, in effect since 2007 and providing for tax abatements for real estate developers that sign Project Labor Agreements (PLAs) is preempted by...more
7/7/2017
/ Appeals ,
Construction Industry ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
General Contractors ,
Local Ordinance ,
Market Participants ,
NLRA ,
Preemption ,
Project Labor Agreements ,
Real Estate Development ,
Tax Abatement ,
Void ab initio
Earlier this month, in a 2-1 decision, the Third Circuit Court of Appeals held that certified nursing assistants covered by a collective bargaining agreement are not required to arbitrate their FLSA claims before seeking...more
On February 9, 2017, the Court of Appeals for the Ninth Circuit affirmed the U.S. District Court’s Temporary Restraining Order prohibiting nationwide enforcement of key portions of the immigration Executive Order issued on...more