These News Briefs and Decision Summaries are from the the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed
NEWS BRIEFS:
Temporary Fix to Public Notice Law Easily Approved in NJ Senate
The most remarkable aspect of UnitedHealthcare CEO Brian Thompson’s fatal shooting on a New York street in early December wasn’t the crime itself—it was the reaction. Social media erupted, not with shock or mourning, but with outrage at the American health insurance system. Stories of family members denied coverage for serious medical issues flooded comment sections, drowning out the horror of the killing. This collective fury was all the more striking in the wake of an election season where the topic had barely registered, save for vague references—think Trump’s “concepts of a plan”—to tweaking Medicare, Medicaid, or Obamacare. Directed anger at insurance companies like UnitedHealthcare had been conspicuously absent.
As historian Elliott Gorn, who has explored the creation of folk heroes might observe, the arrest of Luigi Mangione—indicted on charges including first-degree murder—has transformed an abstract, systemic issue into a potent moral tale. In an instant, jargon about in-network providers and annual deductibles gave way to a stark narrative of heroes and villains. Mangione became either a cold-blooded murderer or a culture warrior; Thompson, a ruthless CEO draining Americans’ wallets or a devoted family man left bleeding on the street. Suddenly, an opaque corporate giant, shielded by labyrinthine policies and faceless bureaucracy, stood exposed—stripped bare in the public eye as a symbol of unchecked greed.
To see Elliott Gorn’s December 18 article in Slate, The Latest Icon: How Luigi Mangione joined the pantheon of American Heroes. which expands on this topic, click here.
During the week ending December 20, 2024 we have received listings of 26 Government and Administrative Law Summaries, 25 Constitutional Law summaries, 75 Criminal Law Summaries, 2 White Collar Summaries,1 Copyright Summary, 5 Intellectual Property Summaries and 2 Medical Malpractice Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. To gain access to these case summaries, click on the corresponding links below:
Opinion Summaries Posted for Week Ending December 20, 2024:
Theo AI, a cutting-edge generative AI (genAI) startup based in the United States, has positioned itself as the first predictive AI platform designed specifically for litigation. Backed by an impressive $2.2 million in pre-seed funding, the company aims to achieve what no other legal tech firm has successfully accomplished: accurately predicting the outcomes of legal disputes well before their resolution.
The concept of AI-driven litigation prediction is not entirely new—Artificial Lawyer has been reporting on similar applications since 2016. However, Theo AI’s innovative use of genAI technology marks a significant departure from earlier approaches, potentially setting a new benchmark in the field of legal technology.
From Artificial Lawyer November 2024:
A message from Shirley Decker-Lucke, Managing Director of Social Science Research Network (SSRN):
Dear SSRN community,
As the year draws to a close, I wanted to share with you some of the work we’ve done in 2024 to improve the experience for authors and researchers at SSRN.
Chappell, James. The Golden Years, How Americans Invented and Resisted Old Age. Basic Books, 2024 (publication date November 19, 2024).
Chappell shines a light on the early idealistic efforts to repair lives disrupted by war and slavery in the post-Civil War era. These movements, though ambitious, were thwarted by political deadlock and systemic inequalities. The author paints a vivid picture of how old-age support became a prominent issue, yet remained mired in compromises that excluded many, particularly African Americans. The 1935 Social Security Act—a cornerstone of the New Deal—marked a turning point, but its benefits were initially restricted to industrial workers, leaving agricultural and domestic laborers, disproportionately Black, on the sidelines.
During the week ending December 13, 2024 we have received listings of 27 Government and Administrative Law Summaries, 18 Constitutional Law summaries, 74 Criminal Law Summaries, 3 White Collar Summaries, 5 Intellectual Property Summaries, 1 Internet Law Summary, 2 Medical Malpractice Summaries. and 1 U.S. Supreme Court Summary. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. To gain access to these case summaries, click on the corresponding links below:
Opinion Summaries Posted for Week Ending December 13, 2024:
The American Bar Association Council for Diversity in the Educational is thrilled to announce the recipients of the 2025 Raymond Pace and Sadie Tanner Mossell Alexander Awards for Excellence in Pipeline Diversity. These awards honor the legacy of Raymond Pace Alexander, the first African American graduate of the Wharton School of the University of Pennsylvania and a trailblazing judge, and Sadie Tanner Mossell Alexander, the first African American woman to earn a Ph.D. in the United States and the first woman to receive a law degree from the University of Pennsylvania.
From the New Jersey Law Journal, December 9, 2024, by Colleen Murphy:
Essex County court judge Jodi Lee Alper awarded two plaintiff medical companies nearly $850,000 in damages against a doctor for spoliation of evidence and violation the New Jersey Computer Related Offenses Act and Trade Secrets Act by using software to wipe message history in violation of multiple court orders to preserve evidence.
Click here to see Trial Judgment, Docket Number C-42-22.
A preemptive pardon is an act of clemency issued by a head of state or government before charges are formally brought against an individual. Though relatively rare, this type of pardon can generate intense public and legal debate. To understand the complexities of preemptive pardons, it is necessary to examine their legal basis, potential benefits and drawbacks, as well as historical examples that illustrate their impact on justice, accountability, and executive authority.
Legal Basis for Preemptive Pardons
The legal authority for preemptive pardons in the United States is rooted in the Constitution and clarified through key judicial precedents. Article II, Section 2 of the U.S. Constitution grants the president the “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This broad language has been interpreted to allow for pardons at any stage of the judicial process, including before charges are formally brought—a concept known as a preemptive pardon.
