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 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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
Third Circuit Decides Amazon Is Subject to Strict Products Liability for Product Sold on its Marketplace
MK&C Obtains “Storm-In-Progress” Win in Upstate NY
Illinois Leads in Protection of Biometric Data
Justice Mendez Grants Motion to Vacate Prior Default Judgment re Puntive Damages
New Jersey Appellate Division “Blue Pencils” Restrictive Covenants to Limit Prohibitions Against Contacting Prospective Clients
U.S. District Court Declines to Apply the Discovery Rule to Defamation Claim
New York Data Breach Law Update
New Jersey Court Holds That Teacher Cannot Be Liable to a Student Injured For Teacher’s Role as Participant During School Sporting Event
Supreme Court Places the “Clear Evidence” Determination In the Hands of the Bench
New York Court of Appeals Holds that a Coke Oven Was a “Product” Instead of Improvement to Real Property, and Holds Manufacturer to Strict Products Liability Standard