Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more
In Hart v. Facebook Inc., et al., the United States District Court for the Northern District of California dismissed a social media influencer’s lawsuit against Facebook and Twitter for allegedly violating his First Amendment...more
On March 16, 2023, the Appellate Division in New Jersey issued a decision in Davis v. Disability Rights New Jersey, which set forth guidelines for when a litigant’s private social media posts may be subject to discovery by...more
Enacted in 2004, the Contractors’ Registration Act (the “Act”) requires all contractors in New Jersey to register annually with the Division of Consumer Affairs (“DCA”) if they are “engaged in the business of making or...more
It has been several years since a New Jersey court has issued a decision relating to the New Jersey Construction Lien Law, but a recent case decided by the Supreme Court of Nebraska, Echo Group, Inc. v. Tradesmen...more
New Jersey courts recognize that every contract contains an implied covenant of good faith and fair dealing, which requires that neither party to the contract shall do anything which will have the effect of destroying or...more
On January 5, 2023, New Jersey Governor Phil Murphy signed into law an amendment to N.J.S.A. 52:27D-132 (which relates to, among other things inspections of construction projects by an enforcing agency)....more
In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co., which considered whether (1) a condominium association that had obtained default judgments...more
12/22/2022
/ Arbitration ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Condominium Associations ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
General Contractors ,
Insolvency ,
NJ Supreme Court
The May 10, 2021 post The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court reported how the U.S. Supreme Court dismissed Knight First Amendment Inst. at Columbia University v. Trump, in which the...more
When it comes to contracts, New Jersey courts, like courts in other jurisdictions, enforce them according to their plain and ordinary meaning. So when a contract’s terms are clear, the court will enforce it as written....more
Section 230 of the Communications Decency Act, 47 U.S.C. §230(c)(1) (hereafter “§230”), protects internet services, like Facebook, Twitter, and the like, from liability based on words used by third parties who use their...more
The August 13, 2021 Trending Law Blog post discussed how, in NetChoice, LLC v. Attorney General, State of Florida, the United States District court for the Northern District of Florida enjoined Florida from enforcing a law...more
In New Jersey, the “economic-loss doctrine” bars tort claims when the plaintiff’s only damages are economic in nature because, when parties enter into a contractual relationship, a contractual remedy flows from contract, not...more
The December 16, 2021 post “Texas Enjoined from Enforcing Law Targeting Social Media Platforms” reported how on December 1, 2021 a federal court in Texas enjoined enforcement of a law which would have limited a large number...more
The June 10, 2020 and July 22, 2019 posts on Trending Law Blogs discussed, among other things, how Section 230 of the Communications Decency Act, 47 U.S.C. §230 (c)(1) (hereafter “§230”), has come under attack by politicians...more
The June 2022 edition of OnSite Magazine discussed the case of J&M Interiors v. Centerton Square Owners, which addressed a subcontractor’s right to be paid under New Jersey’s Prompt Payment Act (“PPA”). Several months after...more
In a recent case decided by the Appellate Division in New Jersey, Facebook, Inc. v. State of New Jersey, the court considered whether communication data wire warrants (“CDWs”) or wiretap orders had to be served on Facebook...more
In a recent case decided by the Appellate Division in New Jersey - Vercammen v. LinkedIn Corp. - the court affirmed the dismissal of a lawsuit filed by a New Jersey attorney who had his LinkedIn premium membership terminated...more
In Petunia Products, Inc. v. Rodan & Fields, LLC and Molly Sims, the United States District Court for the Central District of California held that a social media influencer - a person “presumed to have the power to affect the...more
12/29/2021
/ Advertising ,
Blogs ,
Commercial Use ,
Influencers ,
Likelihood of Confusion ,
Personal Care Products ,
Social Media ,
Third-Party Liability ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The August 13, 2021 Trending Law Blog post discussed how the United States District court for the Northern District of Florida enjoined Florida from enforcing a law that targeted some, but not all, social media platforms...more
On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more
In a recent case, Nicklen v. Sinclair Broadcast Group, Inc., the United States District Court for the Southern District of New York, rejecting the rationale of a case decided by the United States Court of Appeals for the...more
The June 4, 2020 Trending Law Blog post discussed the New Jersey Supreme Court’s Disciplinary Review Board (“DRB”) recommendation to the Supreme Court that a New Jersey attorney receive an admonition for instructing a...more
Earlier this year, Florida enacted Senate Bill 7072 - The Stop Social Media Censorship Act - which imposed requirements and prohibitions on some, but not all, social media platforms relating to the speech hosted on their...more
The September 1, 2020 Trending Law Blog post discussed how the United States Court of Appeals for the Third Circuit in Mahanoy Area School District v. B.L., 964 F.3d 170 (2020), upheld a public school student’s First...more