Nov
21
2018
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.
Nov
21
2018
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.
Nov
20
2018
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.
Nov
20
2018
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.
Nov
12
2018
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.
Nov
12
2018
New Jersey’s Appellate Division has again issued a decision limiting the enforceability of arbitration clauses in employment agreements.
Oct
30
2018
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.
Oct
30
2018
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.
Oct
30
2018
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.
Oct
25
2018
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.