McGivney, Kluger & Cook and its clients are always moving forward. This page features recent articles, news releases, and links to sites and blogs, as well as information about upcoming and recent events. Please check back often to see what we and our clients are doing.
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.
In the published case of Joseph Jardim v. Michael Edward Overley, A-1073-18T3, a three-judge panel of the New Jersey Superior Court, Appellate Division, affirmed a trial court’s ruling which had declined to exercise personal jurisdiction over a defendant, in a suit arising from a contract for the sale of a vintage automobile.
According to a recent report from the New York Civil Justice Institute (“NYCJI”), a leading tort-reform organization, approximately half of plaintiffs in 175 New York asbestos-related lawsuits failed to take advantage of potential funds by filing claims with asbestos bankruptcy trusts.
The New Jersey Supreme Court recently held that a "consumer cannot be required to arbitrate when it cannot fairly be ascertained from the contract's language that [he or] she knowingly assented to the provision's terms or knew that arbitration was the exclusive forum for dispute resolution."
In Narleski v. Gomes, et al., 495 N.J. Super. 377 (App. Div. 2019), the New Jersey Appellate Division established, prospectively, “that an adult who is under the legal drinking age shall owe injured parties a duty under the common law to desist from facilitating drinking by underage adults in his or her place of residence.”
In a recent decision in the matter of Susinno v. Work Out World, Inc., the United States District Court for the District of New Jersey granted class certification to potential plaintiffs with claims arising under the Telephone Consumer Protection Act (TCPA) against Work Out World, Inc. (“Work Out World”).
Recently, the Connecticut Appellate Division affirmed a trial court’s prior decision to grant summary judgment on behalf of the City of Norwich with respect to the City’s duty to remove snow. In Kusy v. City of Norwich, et al. (AC 41721), the plaintiff sought to recover damages from the defendants, the city of Norwich, its board of education and several city employees, for negligence in connection with injuries he sustained when he slipped and fell on snow and ice while delivering milk for his employer at a Norwich middle school.
The past few years have seen a significant increase in toxic tort litigation against Johnson and Johnson, alleging their talcum powder products, mainly Baby Powder and Shower to Shower, cause mesothelioma and ovarian cancer. Some of these suits have resulted in significant damage awards against Johnson and Johnson.
With yet another trial postponed, a St. Louis, Missouri jury has yet to weigh in on allegations that the popular weed killer Roundup, made by Monsanto (now Bayer AG), causes cancer. St. Louis was the home of Monsanto for over 100 years. It is also a venue with a reputation of being plaintiff-friendly, and a sought-after location for those bringing complex litigation claims.