Frederick P. Sisto

Featured in: Favicon

law.com

Articles

'Robey' Decision Slams the Door on No-Injury CFA Class Actions

May 28, 2024 | feeds.feedblitz.com | Frederick P. Sisto |Amanda Bronstad |Colleen Murphy |David E. Sellinger

In a 4-3 ruling, the New Jersey Supreme Court issued an important decision in the consumer class action space, effectively sounding the death knell for so-called “no injury” class actions by clarifying the standard for the type of “ascertainable loss” a plaintiff must demonstrate to recover money damages in a private action under the New Jersey Consumer Fraud Act, N.J.S.A 56:8-1 et seq. (CFA). Robey v. SPARC Grp., 256 N.J. 541 (2024).
Common Evidence Issues in Family Part Trials (Part III): OK, the Rules Apply, but Now What?

May 22, 2024 | feeds.feedblitz.com | Frederick P. Sisto |Joshua Robbins |Ross Garrett |Colleen Murphy

In previous New Jersey Law Journal issues, we authored “Common Evidence Issues in Family Part Trials: Yes, the Rules Apply“ (March 2021) and “Common Evidence Issues in Family Trials (Part II): The Rules Still Apply“ (June 2021). Those articles focused on substantive evidence issues that arise in Family Part matters, for example, credibility and character issues, hearsay, judicial notice, etc.
Chief Justice Sets Aside Planned Address Warn Against Change to Constitution

May 17, 2024 | feeds.feedblitz.com | Frederick P. Sisto |Colleen Murphy

At his annual state of the judiciary address Friday at the New Jersey State Bar Association annual meeting in Atlantic City, the state high court’s Chief Justice Stuart Rabner abandoned his planned address to voice his objections to a proposed constitutional amendment that would change the way Appellate Division judges are selected.
Legislators Discuss Possible Constitutional Amendment Change at NJSBA Event

May 17, 2024 | feeds.feedblitz.com | Frederick P. Sisto |Colleen Murphy |Cameron MacLeod

At the 2024 New Jersey State Bar Association annual meeting and conference this week, legislators addressed the concerns that have recently emerged over a possible constitutional amendment that would change how Appellate Division judges are appointed. A panel of experts gathered Wednesday at the NJSBA conference to discuss updates from “Inside Trenton,” as well as legislative priorities for the year. William J.
How Safe Is Cannabis, Really? Here's What Plaintiffs' Attorneys Should Know

May 16, 2024 | feeds.feedblitz.com | Frederick P. Sisto |Peter D. Espey |Michael F. Schaff |Seth R. Tipton

Attorneys and the public are not used to thinking about cannabis as a cause of injuries. There is a false perception that marijuana and other cannabis products such as cannabidiol (CBD) are harmless. However, cannabis use has proven to cause many personal injuries. See “Risks of Marijuana Use.” aalm.info. There are also property damage claims due to marijuana growing that creates nuisances.
Time to Reconsider Polygraph Reliability and Admissibility in New Jersey

May 15, 2024 | law.com | Frederick P. Sisto

This article considers polygraph use in criminal cases in light of New Jersey’s adoption of the Daubert test for scientific evidence admissibility. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 587 (1993). The New Jersey Supreme Court adopted the Daubert test in State v. Olenowski, 253 N.J. 133 (2023). Thirty years earlier, the U.S. Supreme Court decided Daubert and replaced the more restrictive Frye test for admissibility.
Time to Reconsider Polygraph Reliability and Admissibility in New Jersey

May 15, 2024 | feeds.feedblitz.com | Peter D. Espey |Rahool Patel |Colleen Murphy |Frederick P. Sisto

This article considers polygraph use in criminal cases in light of New Jersey’s adoption of the Daubert test for scientific evidence admissibility. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 587 (1993). The New Jersey Supreme Court adopted the Daubert test in State v. Olenowski, 253 N.J. 133 (2023). Thirty years earlier, the U.S. Supreme Court decided Daubert and replaced the more restrictive Frye test for admissibility.
The Misapplied Presumption of Pretrial Detention

Mar 31, 2023 | law.com | Frederick P. Sisto

This article examines an unaddressed issue regarding New Jersey’s sentencing precedent and the Criminal Justice Reform Act. The issue concerns whether the presumption of detention applies to a defendant with no prior record who is charged with a “life-sentence-eligible” offense other than murder. The article makes the case that the presumption of detention has been misapplied and overused in the case of defendants with no prior records.