Journey To Justice Blog - July 29, 2010

'Full Marriage Equality' Editorial
Posted by: Kevin Costello
July 7, 2010
Topic: 'Full Marriage Equality' Editorial

Here is what was recently published in the New Jersey Law Journal, authored by me, in response to a conservative attorney who continues to argue against civil equality by using reference to 'natural law' when she really means 'religious' law. But she knows better than to argue a position in direct contravention to the Constitution.

I remind you all, regardless of how you may personally or religiously see this issue to remember that when we decide to live by 'natural' law,...

Governor Christie Makes History By Politicizing the New Jersey Supreme Court
Posted by: Kevin Costello
July 1, 2010
Topic: Governor Christie Makes History By Politicizing the New Jersey Supreme Court

We have three branches of government for a reason. They're supposed to stay separate and equal. The judiciary should not be weakened and subordinated to the political will of either of the other two branches.

Governor Christie has recently made history in a couple of ways, none of them particularly distinguishing. For example, he is the first Governor in New Jersey history to refer to school children as “drug mules” for the New Jersey Education Association and the first...

School Bullying Results in 800000 Verdict
Posted by: Kevin Costello
June 1, 2010
Topic: School Bullying Results in 800000 Verdict

The “L.W.” case, in which a student was consistently bullied in school based upon sexual orientation but the school didn't stop it, has become black letter law in New Jersey.

The decision was recent, only a few years back, but it certainly resulted in a lot of school districts “waking up” to the idea that bullying is the school district’s “responsibility,” and that it’s not something to which a district ought turn a blind eye.

When I first started doing employment and...

Big Brother is Watching Civil Rights Abuses by Schools
Posted by: Kevin Costello
May 1, 2010
Topic: Big Brother is Watching Civil Rights Abuses by Schools

Every time I wonder if I'm becoming just a bit paranoid about the ability of government to intrude on our civil liberties and to further erode the Constitution, I'm reminded that just because you're paranoid doesn't mean they're not out to get you.

By the way, when I say "government," I'm talking about not just the federal government, but state and local governments, such as municipalities.

On February 11 of this year, a class action lawsuit was filed in Philadelphia by a...

Illinois Supreme Court Overturns Damages Cap in Medical Malpractice Matters
Posted by: Kevin Costello
April 1, 2010
Topic: Illinois Supreme Court Overturns Damages Cap in Medical Malpractice Matters

You’ve heard me blog on this before, despite the fact that I'm an employment lawyer, about the nonsense from the insurance industry on the medical malpractice 'crisis.' The insurance liars use doctors and nurses as unwitting pawns to spread lies about how “tort reform” is going to drive down medical malpractice costs.

You’ve heard me tell you that the statistics do not defend this position, and that 90,000 people a year suffer as a result of preventable medical...

Why Arbitration Agreements Are Un-American
Posted by: Kevin Costello
March 18, 2010
Topic: Why Arbitration Agreements Are Un-American

I know that I blogged about this before, but the situation is only getting worse because the mood in the country is only getting more paranoid, suspicious and self-interested. Agreements to arbitrate employment rights claims, as well as claims involving many other rights, are being forced on Americans.

This allows corporate America to chip away at civil liberties while at the same time making everyone feel grateful that they – or members of their family – “still have...

It's Time to Pierce the Corporate Veil in Discrimination Cases
Posted by: Kevin Costello
March 1, 2010
Topic: It's Time to Pierce the Corporate Veil in Discrimination Cases

One of the most frustrating doctrines of law for attorneys representing victims in discrimination and harassment cases is called the "corporate veil," which is a way of colorfully describing the legal "barrier" that exists between a corporation on the one hand and its owners, employees and agents on the other. Put very simply, the CEO of Exxon was not going to be personally liable for the oil spills, no matter how highly positioned in the company the CEO was, no matter how...

Sexual Discrimination in Contractual Relationships
Posted by: Kevin Costello
February 1, 2010
Topic: Sexual Discrimination in Contractual Relationships

The New Jersey Law against Discrimination (The "LAD") has been described as a "civil rights statute," one of the more far reaching employment statutes in the United States. The mandate from the legislature, consistently reaffirmed by our courts, is to interpret the law against discrimination broadly and liberally, in order to achieve its purpose. Its purpose has been best described as that of eradicating "the cancer of discrimination." To this end, the LAD has...

The Truth About Who Files Lawsuits
Posted by: Kevin Costello
October 28, 2009
Topic: The Truth About Who Files Lawsuits

As an attorney representing the rights of individuals rather than those of corporations, I can tell you that the “Journey to Justice” is slanted against the right of the individual; that it is seeded with landmines placed by corporate, banking, insurance, and vested interests who regard lawyers as an impediment to their abuse of normal citizens.

In your heart, do you really believe that the majority of the lawsuits filed in our Courts are filed by...