We strive to deliver the latest news and provide unique perspectives on pertinent legal topics both in New Jersey and Nationwide.
March 20, 2023
The Saiber Construction Law Colum: March 2023Enacted 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 selling home improvements.”
March 16, 2023
United States Supreme Court Asked to Resolve Circuit Split Over Whether Federally Chartered Banks Must Comply With State Laws Requiring Payment of Interest on Mortgage EscrowsIn Cantero vs. Bank of America, N.A., mortgage borrowers are asking the Supreme Court of the United States to reverse a Second Circuit ruling that federally-chartered banks need not comply with state laws that require the banks to pay interest on mortgage escrow accounts. The Second Circuit ruling conflicts with the Ninth Circuit’s decisions in Lusnak v. Bank of America from 2018, and the more recent decision in Flagstar Bank v. Kivett in 2022, both of which reached the opposite conclusion.
March 9, 2023
New Jersey Cannabis Counsel: New Jersey CRC Approves Rules for Cannabis Consumption LoungesIn a recent post by New Jersey Cannabis Counsel, Justin Calta and Michael Grohs highlight the recent decision by the NJ-CRC to approve rules that will allow for the operation of cannabis lounges in New Jersey.
February 22, 2023
The Saiber Construction Law Colum: February 2023It 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 International, serves as a good reminder for contractors, subcontractors, suppliers and owners in New Jersey that the New Jersey Lien Law is a powerful tool that aids parties who have not been paid, provided that they strictly abide by the requirements of the statute.
February 16, 2023
Lack of Detail Dooms Patent Infringement Complaint Involving Complex TechnologyA recent decision from the District of New Jersey serves as a reminder to practitioners that the level of detail required to adequately plead patent infringement will depend on factors such as the complexity of the technology involved, and the materiality of particular claim elements to the infringement analysis.
February 14, 2023
New Jersey Cannabis Counsel: New Jersey CRC Recommends Eliminating Cap on Cultivation LicensesIn a recent post by NJ Cannabis Counsel, Justin Calta highlights the Cannabis Regulatory Commission’s recent recommendation to eliminate the current cap on the number of cannabis cultivation licenses.
February 10, 2023
Gov. Murphy Signs Temporary Workers’ Bill of RightsTemporary workers in New Jersey received a major boost in employment rights this week as Governor Phil Murphy signed Bill A1474/S511 into law on Monday, February 6, 2023.
February 8, 2023
Recent Opinion Denying Unopposed Motion to Seal Holds Lessons for Federal Practitioners in the District of New JerseyMagistrate Judge Elizabeth A. Pascal recently denied an unopposed Motion to Redact and Seal (“Motion”) portions of a transcript of a telephone conference with the Court.
January 17, 2023
Third Circuit Clarifies Authority to Review Remand OrdersIn a recent precedential opinion authorized by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to review a vacatur order of a remand decision and whether an appeal of a remand decision may be mooted by a later state court order dismissing remanded parties from the case.
January 13, 2023
New Jersey Passes Amendments to WARN ActOn January 10, 2023, Governor Phil Murphy signed Assembly Bill No. 4768 into law, implementing significant changes to New Jersey’s WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (NJ WARN).