New Jersey Court Reinstates Pregnancy Discrimination Claim
In Delanoy v. Township of Ocean, et al., A-2899-17T4 (N.J. App. Div. Jan. 3, 2020), the New Jersey Appellate Division issued New Jersey's first published opinion concerning the scope of the New Jersey Pregnant Workers Fairness Act ("PWFA").
MK&C Obtains Dismissal on Behalf of Large Retail Client
The firm is proud to announce that New York City partner Mindy Jayne has obtained dismissal of a personal injury lawsuit against the firm's retail-store client in the matter of MiclasseGue, et al. v. Acacia Realty, LLC, pending before the Supreme Court of the State of New York, Westchester County.
New Jersey Appellate Court Affirms Dismissal of Bullying Lawsuit Against Private School
In an unpublished decision in the matter of G.F.B., et al. v. Saint James School, et al., A-1325-17T4 (N.J. App. Div. Dec. 24, 2019), New Jersey's Appellate Division affirmed a trial court's dismissal of a ten-count lawsuit against a Roman Catholic school, and its employees.
N.J. District Court Dismisses Slip-and-Fall Suit Against Retailer
In the matter of Johanna Cortes v. BJ's Wholesale Club, U.S. District Court for the District of New Jersey, Civil Action No. 16-5513-SDW-JAD, Decided, December 19, 2019, U. S. District Judge Wigenton granted defendant BJ'S Wholesale Club's motion for summary judgment finding that BJ's did not have actual or constructive notice of a pool of water in an aisle at its Linden, New Jersey store.
McGivney, Kluger & Cook, P.C. Elevates Three New Partners
McGivney, Kluger & Cook, P.C. was proud to elevate three of its attorneys to the rank of partner in the firm.
Revisiting New Jersey's "Culpably Uninsured" Rule
On December 16, 2019, the Superior Court of New Jersey, Appellate Division, issued an unpublished decision in Raymond v. Fernandez, A-1933-18T1 (App. Div. N.J. Dec. 16, 2019), in which it affirmed a trial court's dismissal of a motor vehicle negligence lawsuit because the plaintiff had been found to be "culpably uninsured" at the time of the accident.
Philadelphia Jury Apportions Majority of Blame in Asbestos Suit to Bankruptcy Trusts
As a recent asbestos trial in Philadelphia's Court of Common Pleas demonstrated, the litigation strategy of "punishing" the sole non-settling defendant at trial does not always work. In Lombardo v. Unisys, Docket No. #1504-02140, Decedent, Michael Lombardo, died of mesothelioma on November 8, 2014. Mr. Lombardo's wife sued on behalf of his estate.
No Spoliation for Landowner's Failure to Preserve Chair, NJ Court Rules
In Promise v. Khubani Enterprises, Inc., Superior Court of New Jersey, Appellate Division, Docket No. A-4160-17T4, the New Jersey Appellate Division, in an unpublished opinion, found that spoliation of a chair that caused plaintiff's injury was insufficient to preclude summary judgment.
New Jersey Court Affirms Dismissal of Medical Malpractice Claim for Lack of Personal Jurisdiction
In a published decision issued on December 9, 2019, New Jersey's Appellate Division upheld a trial court's dismissal of a medical malpractice complaint on the basis that the court lacked personal jurisdiction over the defendant.
New Jersey Legislature Moves to Curb E-Cigarette Use
On Thursday, November 14, 2019, New Jersey's Legislature passed four (4) bills regulating the sale of flavored vaping products and menthol cigarettes in New Jersey. It is anticipated that all four will be signed into law by New Jersey Governor Phil Murphy in short order.