Nov
20
2018
In New Jersey, the Patients First Act establishes certain qualifications that expert witnesses in medical malpractice cases must possess. The expert generally must practice in the same specialty.
Nov
20
2018
On October 23, 2018, New Jersey’s Appellate Division’s Committee on Publication approved a trial court opinion of the Hon. Joseph L. Marczyk, P.J.Cv., on a matter of first impression in New Jersey – whether, in the absence of expert testimony, a plaintiff in a motor vehicle negligence action can be asked as to whether airbags deployed at the time of the accident.
Nov
12
2018
The preclusion of an opposing party’s expert witness can result in a great tactical advantage in your case, if not lead to the dismissal of the entire action. Often enough, attorneys will seek to preclude an expert witness on the grounds that the disclosure is untimely.
Nov
12
2018
New Jersey’s Appellate Division has again issued a decision limiting the enforceability of arbitration clauses in employment agreements.
Oct
30
2018
McGivney, Kluger & Cook, P.C. is proud to announce that on October 26, 2018, the firm’s Public Entity Department obtained a summary judgment dismissal of claims against the firm’s client, a school board in Bergen County, New Jersey.
Oct
30
2018
New Jersey’s Supreme Court recently handed down another business-friendly decision, arising out of the Multi-County Litigation concerning the prescription medication Accutane, which is consolidated in Atlantic County.
Oct
30
2018
Recently, in Robert E. Carson, et al. v. 3M Company, et al., PC-2011-1046. (Oct. 22, 2018), the Court (Gibney, J.) granted a defendant’s motion for summary judgment after concluding that there was no genuine issue of material fact with regard to the Workers’ Compensation Act’s (WCA) applicability.
Oct
25
2018
New Jersey’s Appellate Division recently decided the matter of L.E. v. Plainfield Public School District, arising from a plaintiff’s allegation that the public school district negligently supervised the Plaintiff, L.E., and two other students, failed to prevent a sexual assault, and failed to investigate the assault after it was reported some time later.
Oct
25
2018
In the matter of Milagros Roman v. Bergen Logistics, LLC and Gregg Oliver, plaintiff filed suit for violations of the New Jersey Law Against Discrimination Act (“LAD”) and for intentional infliction of emotional distress.
Oct
17
2018
Halloween is the one time of year where exceptions are made to allow for what society would otherwise consider to be unacceptable behavior.