In a past Trending Law Blog post on November 1, 2023, we discussed how the Supreme Court of the United States granted petitions for certiorari in Florida’s NetChoice LLC v. Moody case and Texas’ NetChoice LLC v. Paxton...more
8/6/2024
/ Case Consolidation ,
Constitutional Challenges ,
First Amendment ,
Moody v NetChoice LLC ,
NetChoice LLC v Paxton ,
Online Platforms ,
Petition for Writ of Certiorari ,
SCOTUS ,
Social Media ,
Social Networks ,
Split of Authority
Source: MetroBuilders' Construction Law Column With 24 states, including New Jersey, having legalized the recreational use of marijuana, it is not surprising that marijuana consumption poses significant challenges for all...more
New Jersey’s version of The Uniform Enforcement of Foreign Judgments Act (“UEFJA”) permits “any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit” to...more
As set forth on its website, the Occupational Safety and Health Administration (“OSHA”) was created in 1970 “to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing...more
Many construction companies, landscaping businesses and even homeowners hire “day laborers” – people, often immigrants, employed on a temporary basis. These workers are often found outside home improvement stores, through...more
On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more
On March 15, 2024, the Supreme Court of the United States issued decisions in Lindke v. Freed and Garnier v. O’Connor-Ratcliff, two cases which involved when public officials can block social media followers and delete their...more
In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more
Courts may only hear and decide cases when they have been granted authority over particular matters and when they have personal jurisdiction over the parties to the matter. The U.S. Supreme Court has held that courts may...more
On June 27, 2023, the Supreme Court of the United States decided Counterman v. Colorado, holding, among other things, that the First Amendment required the criminal conviction of a man found guilty of stalking a woman through...more
On December 8, 2023, the United States Court of Appeals for the Second Circuit decided Antonyuk v. Chiumento, a case which challenged many provisions of New York’s law regulating the public carrying of firearms, the...more
The duty to preserve litigation evidence arises when a party in possession of evidence knows that litigation by a party seeking the evidence is pending or probable, and the party in possession of the evidence can foresee the...more
In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas...more
On May 5, 2022, plaintiffs – the States of Missouri and Louisiana as well as various private parties – filed suit against the President and various federal agencies and officials, alleging that popular social media...more
A forum selection clause is a contractual provision by which parties agree to establish venue – the location of the court – if a dispute arises between the parties. Forum selection clauses are generally enforced in New...more
The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more
A statute of limitations is a law that sets the maximum amount of time that parties to a dispute have to file a formal legal proceeding to resolve the dispute. In New Jersey, the statute of limitations for bringing a...more
Just twelve days after Supreme Court of the United States issued a per curiam decision in Gonzalez v. Google LLC, in which the Court declined to address the application of §230 of the Communications Decency Act, 47...more
6/16/2023
/ Communications Decency Act ,
Criminal Liability ,
FOSTA ,
Google ,
Petition for Writ of Certiorari ,
Reddit ,
SCOTUS ,
Section 230 ,
Sex Trafficking ,
Social Media ,
User-Generated Content ,
Websites
As reported in prior Trending Law Blog posts, Section 230 of the Communications Decency Act, 47 U.S. §230(c)(1) (“§230”), has come under attack by politicians and members of the public who seek to remove the statute’s...more
Many construction contracts contain arbitration provisions because arbitration is a faster and less expensive way to resolve disputes as compared to litigation. Thus, New Jersey’s public policy strongly favors arbitration as...more
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