Michael R. Darbee The Third Circuit recently issued a decision holding that putative class members can benefit from equitable tolling even before a district court decides a motion for class certification. Aly v. Valeant Pharms. Int’l. Inc., No. 19-3326, __ F.3d __ (3d Cir. June 16, 2021). The decision addresses a class action doctrine known ..read more

Jonathan M. Korn and Michael R. Darbee Commercial landlord-tenant trials are returning to New Jersey. On June 2, 2021, the New Jersey Supreme Court signed an Order ending the moratorium on commercial landlord-tenant eviction trials. Under the Order, pending and new commercial eviction cases will be scheduled for trial (the moratorium on residential landlord-tenant trials remains in ..read more

Jonathan M. Korn In response to the COVID-19 pandemic, in March 2020 the New Jersey Courts postponed all commercial landlord/tenant trials and barred the issuance of Writs of Possession arising out of Final Judgments in Foreclosure in commercial foreclosures. As a result, commercial landlords and lenders in New Jersey faced with tenant and borrower defaults ..read more

A New Jersey man’s false-arrest suit is part of a growing wave of litigation over facial recognition technology, and observers say more suits are coming. […] Litigation over the Illinois facial recognition law saw an uptick after the Illinois Supreme Court ruled in January 2019 that plaintiffs don’t have to have experienced injuries or harm to ..read more

Blank Rome LLP is pleased to announce that the Firm’s Comisky Cup was presented to Blank Rome’s Princeton office, which led the Firm’s pro bono activity with an average of 107 pro hours per attorney in 2019. Named in honor of Marvin Comisky, Blank Rome’s first managing partner and a lifelong supporter of pro bono, the Comisky Cup is awarded annually to the office(s) with the highest pro bono performance at the Firm, as determined by the average pro bono hours per attorney and percentage of attorneys doing more than 20 hours of pro bono work per year. The Firm’s Princeton office, which in ..read more

Adrienne C. Rogove Since the outbreak of the coronavirus a little more than 100 days ago, there have been approximately 12,800 known deaths attributed to COVID-19. In New Jersey, nearly 50 percent of those deaths were residents of nursing homes and long-term care facilities. Prominent in the news has been the excessive rates of infection and deaths in two of New Jersey’s state-run veterans’ nursing homes. As of mid-June, at least 28 notices of tort claim have been filed with respect to the veteran facilities in Paramus and Menlo Park, claiming gross negligence and incompetence in the veteran h ..read more

Jonathan M. Korn and Michael R. Darbee On May 13, 2020, Governor Phil Murphy signed Executive Order 142 (“EO 142”). Under EO 142, all “nonessential” construction projects, as defined in EO 122, “are permitted to resume” as of 6:00 a.m. on Monday, May 18, 2020. The order requires contractors who will resume work to adopt social mitigation and infection control policies designed to stop the spread of the coronavirus. For example, EO 142 bans nonessential visitors from entering the job site; requires at least six feet of social distancing; prohibits meetings of 10 or more people; requi ..read more

Thomas J. Szymanski New Jersey Governor Phil Murphy recently signed S2374 into law, expanding the New Jersey Family Leave Act (“NJFLA”) and New Jersey Temporary Disability Benefits Law (“NJTDBL”) and providing additional employee protections during the coronavirus COVID-19 pandemic and future epidemics, including (1) the expansion of reasons for leave; (2) certification changes; (3) intermittent use of such leave; (4) changes related to highly compensated employees; and (5) the expansion of the scope of compensable leave under NJTDBL. These changes are effective immediately and apply ..read more

Jonathan M. Korn and Michael R. Darbee On April 8, 2020, New Jersey Governor Phil Murphy signed Executive Order 122 (2020) (“EO 122”). EO 122 requires that the physical operation of all non-essential construction projects must cease by 8:00 p.m. on Friday, April 10, 2020. Only work on “essential construction projects” may continue to operate physically after that time. EO 122 defines 14 categories of construction projects that are considered essential. Under EO 122, essential construction relates to the following areas: “[T]he delivery of health care services,” such as hospitals; “Transportat ..read more

Michael R. Darbee, Jonathan M. Korn, and Adrienne C. Rogove The coronavirus COVID-19 health crisis has interfered with ongoing and future business arrangements throughout New Jersey. As a result, New Jersey businesses that are parties to existing contracts may have rights in the event that they, or their counterparty, are unable to meet their obligations due to COVID-19. There are several legal doctrines that New Jersey businesses may look to in these situations, including impossibility, impracticability, frustration of purpose, and force majeure. Generally, contract liability is strict liabil ..read more