Mar
19
2020
Assaults by one inmate on another occur in correctional facilities. However, government entities in New Jersey are only liable for the conduct of their employees if a constitutional violation is the result of a municipal policy or custom that violated an inmate’s constitutional rights, or that it applied a policy or custom in a manner that violated an inmate’s constitutional rights.
Mar
13
2020
New York Governor Andrew Cuomo recently addressed the issue of price-gouging in the face of the rapidly spreading coronavirus, COVID-19: “If you are a store, you can lose your license and we are very serious about this.
Mar
11
2020
In a recent unpublished decision in the matter of Wean v. U.S. Home Corporation, et al., the New Jersey Appellate Division affirmed a trial court’s dismissal of a mold lawsuit filed by plaintiff, allegedly arising out of the negligent construction of the plaintiff’s townhome.
Mar
09
2020
MKCI is proud to announce that its Syracuse attorneys recently obtained summary judgment on behalf of a residential property manager, in a lawsuit alleging personal injuries. The plaintiff in that suit fell while stepping off of a porch, when one of the steps suddenly dislodged.
Mar
02
2020
In New Jersey, the statute of limitations for a legal malpractice claim is six years from the accrual of the cause of action. However, the cause of action does not accrue until the client suffers actual damage, and discovers or should have discovered the basis for a legal malpractice claim.
Feb
21
2020
In New Jersey, landowners generally have a non-delegable duty to maintain their premises in a reasonably safe manner for those who come onto their premises. That often leads to personal injury claims where the landowner and tenant are both named, even where the lease agreement between a landowner and tenant provides that the tenant is solely responsible for maintenance and repair of the land and premises.
Feb
18
2020
In a recent decision of the Connecticut Supreme Court in the matter of State v. Raynor, 334 Conn. 264 (2019), the Court declined to require prospective jurors to disclose their racial background as part of the jury selection process.
Jan
30
2020
Judge Kenneth Powell granted the post-trial remittitur motion of Janssen Pharmaceuticalson January 17, 2020, thereby reducing the punitive damages awarded by the Philadelphia juryin October of 2019, down from $8 billionto $6.8 million.
Jan
29
2020
New Jersey passed the Open Public Records Act (“OPRA”) to provide its citizens with access to government records, in order to ensure an informed citizenry. A common law right to access public records has also existed parallel to, and unrestricted by, OPRA.
Jan
24
2020
Today, the firm is pleased to unveil its new name – McGivney, Kluger, Clark & Intoccia, P.C. The firm has elevated Senior Partners Joel Clark and Gary Intoccia to named partners of the firm, recognizing their decades of commitment to the firm, their practice, and their clients.