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
The Committee on Opinions recently approved for publication an October 27, 2017 Atlantic County Law Division Opinion in Liberty Mutual Insurance Co. v. Borgata Hotel Casino & Spa, which bears upon insurance carriers’ and defense attorneys’ ability to investigate claims prior to the institution of suit.
Plaintiff Staci Piech was attending a 40th birthday party hosted by the defendant John Layendecker (John) for his son Glenn Layendecker (Glenn) when an eighteen-to-twenty inch thin hollow metal pole used by Glenn to strike a piñata broke off and struck her arm causing permanent nerve damage.
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.
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.
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.
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.
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.
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.
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.
In New Jersey, Pre-Suit Discovery is the Exception, Not the Rule
Flawed Jury Charges, Improper Subjective Lay Opinion Testimony, Proper Denial of Summary Judgment and Inapplicability of the Law of the Case Doctrine Lead to New Trial
NJ Appeals Court Finds Plaintiffs’ Medical Expert Qualified—Reverses Trial Court
Evidence of Vehicle Airbags Non-Deployment Inadmissible in New Jersey, Absent Expert Testimony
The Difficulties in Precluding Untimely Disclosed Expert Witnesses
NJ Court Invalidates Arbitration Clause for Failure to Specify Arbitration Forum
MK&C Attorneys Obtain Summary Judgment for School Board Defendant in Title 59 Case
Choice-of-Law in Accutane Litigation Favors Defense
Workers Compensation Exclusivity in Rhode Island Asbestos Litigation
NJ School Board Not Immune for Failure to Prevent a Sexual Assault