Monday, April 26, 2021

Promissory estoppel: applicant who relied on retracted job offer, recovers - Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.

Andrew Moskowitz Wins Appeal in New Jersey Supreme Court - Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.


March 11, 2021, Springfield, NJ– Andrew M. Moskowitz, Esq., a Partner in Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC,  was successful in a case involving an employee who left his job in reliance on a promise of employment.  In affirming the Appellate Division’s holding in relevant part, the New Jersey Supreme Court held that New Jersey’s Uniform Securities Law did not bar the employee’s claim in connection with a rescinded job offer.

In Goldfarb v. Solimine, the employee, Jed Goldfarb, had been working as a research analyst for an investment firm when he met the Defendant David Solimine.   Mr. Goldfarb alleged that, in reliance on the defendant’s verbal promise of employment, he left his job.  Thereafter, the offer of employment was rescinded.   A lawsuit was subsequently filed in which Mr. Goldfarb contended that, due to his reliance on Solimine’s offer of employment, he had suffered damages

Mr. Moskowitz originally tried the case in July 2016 and obtained a verdict on behalf of the plaintiff.  However, because the lower court imposed a cap on damages and due to a variety of other issues, he appealed the case to the Appellate Division.   In June 2019, the Appellate Division affirmed the verdict as to liability but concluded that Mr. Goldfarb  “was entitled to present evidence of his reliance damages.”  It therefore remanded the case for a new trial on  damages.

In relevant part, the New Jersey Supreme Court affirmed the Appellate Division’s holding upholding the jury’s finding of liability and held that the matter should be remanded “for a new trial for an appropriate assessment of plaintiff’s reliance damages.”

The case is Goldfarb v. Solimine, A-24-19/083256 (Feb. 18, 2021) (available at

Thursday, April 22, 2021

Scotus: Life without parole: "no finding of incorrigibility" needed to sentence juvenile to LWOP

OTHERWISE: Scotus: Life without parole: "no finding of incorrigibility" needed to sentence juvenile to LWOP: In Jones v. Mississippi The United States Supreme Court, has narrowed, practically reversed precedent limiting juvenile life without parol...

Scotus crimps FTC right to restitution, other equitable relief - AMG Capital Management v. FTC

 In a unanimous opinion for the court in AMG Capital Management v. FTC Justice Stephen Breyer has stripped the Federal Trade Commission of a prefered tool: using its statutory power to seek a permanent injunction to compel restitution for anti-competitive and unfair trade practices.  The Court finds that the FTC lacks "explicit" power to go to directly to court for restitution and equitable relief. 

Reversing the Ninth Circuit, the Syllabus explains that the FTC must first go through the ordinary administrative law process:

The Federal Trade Commission filed a complaint against Scott Tucker and his companies alleging deceptive payday lending practices in violation of §5(a) of the Federal Trade Commission Act. The District Court granted the Commission’s request pursuant to §13(b) of the Act for a permanent injunction to prevent Tucker from committing future violations of the Act, and relied on the same authority to direct Tucker to pay $1.27 billion in restitution and disgorgement. On appeal, the Ninth Circuit rejected Tucker’s argument that §13(b) does not authorize the award of equitable monetary relief.

Held: Section 13(b) does not authorize the Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement. Pp. 3–15. (a) Congress granted the Commission authority to enforce the Act’s prohibitions on “unfair or deceptive acts or practices,” 15 U. S. C. §§45(a)(1)–(2), by commencing administrative proceedings pursuant to §5 of the Act. Section 5(l) of the Act authorizes the Commission, following completion of the administrative process and the issuance of a final cease and desist order, to seek civil penalties, and permits district courts to “grant mandatory injunctions and such other and further equitable relief as they deem appropriate in the enforcement of such final orders of the Commission.”

Tuesday, April 13, 2021

Thursday, April 8, 2021

Robert Rabin: On Compensation And Remedial Relief For Disasters In The American Legal System :: SSRN

Some Thoughts On Compensation And Remedial Relief For Disasters In The American Legal System by Robert L. Rabin :: SSRN


We live in a time when disasters, tragically, have taken on new meaning. Natural disasters arise with greater frequency and growing intensity. And responsible party disasters—disasters that are man-made—dominate the headlines, generating fear and a sense of disbelief. Both preventive measures beforehand, and restorative efforts on behalf of victims thereafter, raise enormously difficult questions of how to best address these momentous events.

This essay focuses on the restorative efforts: compensation and remedial relief for disasters in the United States legal system. The essay sets out to briefly describe the multi-layered system in the U.S. for addressing the consequences of catastrophic loss, which is framed in a typology based on a straightforward, two-fold approach.

Part I discusses compensation for natural disasters, where a combination of legislative no-fault compensation systems, privately held insurance, and governmental assistance programs compensate property loss, which is the dominant, although by no means exclusive, source of harm. Part II turns to responsible party disasters—where tort serves as the default system for seeking redress for physical harms. In addition to tort, Part III considers other options for securing compensation, such as targeted informal settlement schemes. Finally, the essay concludes with a brief note on the shortcomings of each of these strategies and suggest the need for a hybrid approach that draws upon each of the positive elements in our patchwork system.

Rabin, Robert L., Some Thoughts On Compensation And Remedial Relief For Disasters In The American Legal System (February 24, 2021). Northwestern University Law Review, Vol. 115, 2020, Available at SSRN:

Thursday, April 1, 2021

Billie Holiday - Strange Fruit


Southern trees bear a strange fruit
Blood on the leaves and blood at the root
Black bodies swingin' in the Southern breeze
Strange fruit hangin' from the poplar trees
Pastoral scene of the gallant South
The bulgin' eyes and the twisted mouth
Scent of magnolias sweet and fresh
Then the sudden smell of burnin' flesh
Here is a fruit for the crows to pluck
For the rain to gather
For the wind to suck
For the sun to rot
For the tree to drop
Here is a strange and bitter crop
Source: Musixmatch
Songwriters: Lewis Allan
Strange Fruit lyrics © Edward B Marks Music Company, Marks Edward B. Music Corp.