Aug
14
2019
The U.S. Court of Appeals for the Third Circuitrecently handed down a decision in the matter of Oberdorf v Amazon.com, Inc., No 18-1041, 2019 U.S. App. LEXIS 19982 (3d Cir. July 3, 2019). In this ruling, the court considered whether the online retailer Amazon.com could be liable in product liability and in negligence for injuries allegedly caused by products placed within its market place by a third party manufacturers and distributors.
Aug
13
2019
MK&C’s Syracuse, New York office recently obtained dismissal of a premises liability lawsuit against one of our clients, a sporting goods retailer, in Onondaga County, New York based on the “storm in progress” defense.
Aug
06
2019
Enacted in 2008, Illinois’ Biometric Information Privacy Act (BIPA)was the first meaningful legislation passed to protect an individual’s biometric data, i.e. information reflective of one’s unique physical or behavioral characteristics, such as a fingerprint or voice patterns.
Aug
02
2019
Justice Mendez granted a motion to vacate a prior default judgment in favor of Kohler and Domco, dismissing plaintiffs’ claim for punitive damages in the Carlstrand matter. On June 27, 2019, plaintiffs’ counsel notified all defendants of their intention to seek punitive damages (trial was scheduled to begin July 30, 2019).
Jul
31
2019
The New Jersey Appellate Division recently ruled that a restrictive covenant imposed upon an employee may only be enforced as to the employer’s actual clients and not all of the employer’s prospective clients.
Jul
30
2019
In Baran v. ASRC Federal, No. 17-7425 (RMB/JS), 2019 U.S. Dist. LEXIS 113432 (D.N.J. July 9, 2019), United States District Judge Renée Marie Bumb vacated a $3.5 million judgment against the defendant, ASRC Federal Mission Solutions, after determining that the defamation claim which resulted in the verdict was, in fact, time-barred.
Jul
29
2019
This last Thursday, July 25, 2019, lawmakers in New York enacted the cleverly named “Stop Hacks and Improve Electronic Data Security Act” (the SHIELD Act), Senate Bill 5575. Following the lead of many other states, the SHIELD Act updates New York’s data breach laws by expanding the definition of private information, expanding notification requirements, and requiring that individuals and businesses handling sensitive information implement “reasonable” data security measures.
Jul
25
2019
In C.H. v. Rahway Board of Education, et al.,the Appellate Division held that a teacher cannot be held liable in simple negligence to a student injured by a faculty member while both were participating in a school sporting event.
Jul
17
2019
The Supreme Court of the United States recently decided Merck Sharp & Dohme Corp. v. Albrecht, et al., in an effort to further clarify the “clear evidence” standard as it relates to preemption of federal law over state law.
Jul
16
2019
On June 11, 2019, in the Matter of Eighth Jud. Dist. Asbestos Litig., (___NY3d___, 2019 NY Slip Op 04640, [2019]) New York State’s highest court, reversed the decision of the intermediate appellate court and reinstated an order of the trial Court denying a defendant’s motion for summary judgment. The motion had been granted on appeal under a theory that its coke ovens should not be considered “products” in the context of a New York products liability lawsuit.