Lawsuit Reform Watch

Download media coverage of A-2878, the so-called 'Facebook bill'

• Download Facebook bill coverage
• Bill text
• Conditinal Veto
• Press Release
  

Legislative update: Social media and statute of limitations

The General Assembly is scheduled to consider changes requested by Governor Christie to the so-called ‘Facebook bill,’ which would prohibit employers from asking for the passwords and login information of current and prospective employees, on Monday, May 20^th.  The bill, A-2878, was conditionally vetoed by the Governor last week, citing concerns that sections 4 and 5 would “paint with too broad a brush” and prevent employers from making informed choices about hires for positions requiring social media credentials.   Assembly sponsor John Burizchelli (D-Gloucester) has stated that even with the Governor’s changes, "the integrity of the bill is intact."

The State Senate voted to revise a bill to extend the civil statute of limitations in certain previously dismissed and time-barred cases on Monday, May 13^th.  New Jersey’s business community fears that the legislation, S-2281, would leave institutions which serve children vulnerable to unfounded accusations and offer little recourse.  The bill substitution can be found here. 

Citing liability concerns raised by NJLRA, Governor Christie conditionally vetoes 'Facebook bill'

The so-called "Facebook bill" (A2878) was hailed as a way to safeguard employees' online privacy.  But tucked away in sections 4 and 5, language would have permitted employees and prospective employees to sue businesses who inquired about their Facebook usage.

The legislation would still prohibit employers from requesting employees’ usernames and passwords for social media sites and impose a fine for repeat offenders.  It creates an appropriate level of enforcement without compromising employers’ ability to hire and retain qualified candidates. 

Read the Governor's conditional veto here:

Download A2878 CV

Assembly Schedule, April - June

The General Assembly’s schedule for April – June 2013 appears below (check here for last minute changes).  Click here for a list of committee assignments. 

THURSDAY, APRIL 25, 2013

                Quorum

 MONDAY, APRIL 29, 2013

                 Voting Session

 MONDAY, MAY 6, 2013

                 10:00 a.m.           Group A Committees

                 Quorum

                 2:00 p.m.             Group B Committees

 MONDAY, MAY 13, 2013

                 10:00 a.m.           Group C Committees

                 Quorum

                 2:00 p.m.             Group D Committees

 MONDAY, MAY 20, 2013

                 Voting Session

 THURSDAY, JUNE 6, 2013

                 10:00 a.m.           Group A Committees

                 Quorum

                 2:00 p.m.             Group B Committees

 MONDAY, JUNE 10, 2013

                 10:00 a.m.           Group C Committees

                 Quorum

                 2:00 p.m.             Group D Committees

 THURSDAY, JUNE 13, 2013

                 Committees at the Call of the Speaker

                 Quorum

 THURSDAY, JUNE 20, 2013

                 Voting Session

 MONDAY, JUNE 24, 2013

                 Voting Session

 THURSDAY, June 27, 2013

                 Voting Session

"Is 'personal embarrassment' really grounds for a lawsuit? Because I'd be a very wealthy woman..."

..said Good Morning America’s Lara Spencer. 

Spencer was responding to news that a Texas high school football coach is suing the Dallas Cowboys Stadium over a runaway golf cart incident in 2011.

Remember that?  Neither do I, but it supposedly went viral:

 

After taking a year and a half to mull it over, Willie Amendola, father of Patriots wide receiver Danny Amendola, is seeking $ 1 million in damages for the "great personal embarrassment" he suffered.

Despite conceding that he wasn’t seriously hurt while attempting to get the unmanned golf cart under control, Amendola is also seeking compensation for the following: past and future physical pain and suffering [interesting, since he wasn’t seriously hurt]; past and future mental anguish; physical impairment, past and future; disfigurement, past and future; past and future medical expenses; loss of earning capacity [he’s still a gainfully employed high school football coach]; loss of enjoyment. 

Here's some advice: Drop the lawsuit and laugh.  It’s the best medicine. 

Legal reform and budget break

Legal reform has the power to spur economic growth while being budget-neutral.   It’s one of its most compelling arguments. 

But now that the Legislature is on a budget break hiatus – the period between the end of March and the end of June when only the Budget Committees meet to finalize next year’s fiscal budget – here are some tips to assuage your legal reform energy:

Take a look at your municipal budget.  How much money is your town or city spending on litigation costs?  It’s probably much higher than you think.  Could some endangered local government service be spared if its litigation tab weren’t so high?   Perhaps it’s worth mentioning at your next town council meeting, especially if a lot of cases are referred to expensive private firms.  You’ll be happy you spoke up when your next property tax bill is due. 

Review legal reform measures from this legislative session.  Can any of them advance after the budget break?  

Assemblyman John Burzichelli (D-Gloucester) also introduced several bills in late 2010 which would protect local governments from liability in certain instances where whether is to blame.  The bills were endorsed by the New Jersey League of Municipalities, which you can read about here. 

See where redistricting has left you.  Are you in a newly configured legislative district?  Use this as an opportunity to educate your legislators (most of whom are seeking reelection) on the importance of a business-friendly climate in New Jersey.  Even if they are familiar with the pro-growth arguments we make, they might not have thought about legal reform as a means to achieving economic growth.  You can check the new legislative map here to see if your municipality has been moved to a different district.

In sum, the budget break is a great time for legal reformers to connect the dots between economic growth in Trenton and municipal and family budgets at home.  It’s a great way to keep up the momentum and learn more about your community at the same time. 

 

Diegnan/Gill legislation revising shareholder class action lawsuits, A-3123, is signed into law

Legislation which revises the law concerning derivative proceedings and shareholder class action lawsuits was signed into law by Governor Christie.  It was part of a package of bills sponsored by Assemblyman Patrick Diegnan (D-Middlesex) and Senator Nia Gill (D-Essex)to advance economic-growth initiatives as recommended by the Corporate and Business Law Study Commission. 

A derivative action is a suit brought by a small or minority shareholder against the corporation’s management or directors.  A-3123 establishes a minimum value of shares one needs in order to file such a suit.  It would also amend the parameters under which such a suit may be filed, allowing corporations to avoid unnecessary litigation and costs. 

Assemblyman Diegnan said this legislation would make New Jersey “even more attractive for businesses looking to set up shop or expand their presence in the state,” calling it a “common-sense update to our corporate business law to show that New Jersey is truly ‘open for business’” [read statement].

This sentiment was echoed by Assemblyman John Burzichelli (D-Gloucester) a cosponsor:

"With fierce competition on all sides from our neighboring states, we must seize any advantage that will help make New Jersey an even more attractive place in which to do business,”  he said.   

NJLRA thanks Governor Christie for signing A-3123, as well as the sponsors and cosponsors for addressing this issue. 

Read NJLRA's Letter-to-the-Editor in the Times of Trenton

NJLRA's letter-to-the-editor regarding the vacancies on New Jersey's highest court in Sunday's Times of Trenton.

Why we need to reform New Jersey's Consumer Fraud Act (video)

Our friends at the New Jersey Coalition of Automotive Retailers (NJCAR) team up with NJLRA executive director Marcus Rayner to tell us why it's important for New Jersey's business community to support A-3264:

 

A-3264 is sponsored by Assemblyman Craig Coughlin (D-Middlesex).

In the press:

Advocates hope bill takes bite out of N.J. fraud law

Does your "Footlong" measure up?

Subway's 'distinctive' footlong

Consumer Fraud Act Should Require Plaintiffs to Show Detrimental Reliance

N.J. bakeries adhere to tradition amid Subway 'footlong' fiasco

Coughlin, Oroho accept 'Outstanding Legislator' Award

Assemblyman Craig Coughlin accepts award from NJLRA executive director Marcus Rayner

NJLRA was pleased to present Assemblyman Craig Coughlin (D-Middlesex) and Senator Steven Oroho (R-Sussex) with its first Outstanding Legislator awards at our biannual Membership Luncheon.

Coughlin, a member of the Assembly Regulated Professions (vice-chair), Higher Education, and Labor  committees, is the sponsor of legislation to amend New Jersey's Consumer Fraud Act. 

Oroho is a member of the Senate Budget and Economic Growth committees and is the sponsor of similar legislation.  A financial planner by trade, he continues to advocate for an expansion of the state's appeal bond cap. 

Senator Steven Oroho receives Outstanding Legislator Award from executive director Marcus Rayner

Each spoke of the need for civil justice reform and their rationale for advocating changes to the state's Consumer Fraud Act. 

NJLRA thanks both of our Outstanding Legislators for their commitment to civil justice reform!