McGivney, Kluger, Clark & Intoccia 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.
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.
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.
In a recent unpublished decision in the matter of Wean v. U.S. Home Corporation, et al., the New Jersey Appellate Division affirmed a trial court’s dismissal of a mold lawsuit filed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.
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.
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.
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.
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.
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.
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.
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.
County Not Liable Under New Jersey Civil Rights Act for Assault on Inmate
As Coronavirus Cases Increase, so do Fears of Price-Gouging
New Jersey Appellate Court Affirms Dismissal of Mold Claims Arising from Alleged Construction Defects, Finding Lack of Proximate Cause
MKCI’s Syracuse Attorneys Obtain Dismissal Based on Written Notice Requirement In Lease
Statute of Limitations Does Not Bar Claim Arising from 2003 Divorce, New Jersey Court Rules
Commercial Tenant’s Control and Possession of Property Allows Landowner to Escape Liability in New Jersey
Connecticut Declines to Require Jurors to Affirmatively Disclose Race
Drastic Reduction in Philadelphia Risperdal Verdict
New Jersey Court Limits Deliberative Process Privilege in Response to Public Records Request
Joel Clark and Gary Intoccia Elevated to Named Partners