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New York, in enacting the Child Victims Act (the “CVA”), created a one-year “look back” window, permitting civil claims alleging the sexual abuse of a minor to be filed even if the claims were previously time-barred.
In an opinion published on April 9, 2020 in Pareja v. Princeton International Properties, et al., the Appellate Division held that the ongoing storm defense asserted by defendants in snow and ice slip-and-fall cases does not apply in New Jersey.
New Jersey’s state court system has reacted repeatedly – and aggressively – to keep the proverbial courthouse “doors” open during the COVID-19 outbreak, even though the court buildings, like most of the rest of the heavily impacted Northeast, are themselves closed.
McGivney, Kluger, Clark & Intoccia, P.C. is proud to share that Dean Pillarella, an associate in the firm’s New York City office, was recently published in the New York Law Journal.
As a reported third of the world is locked down, and practicing “social distancing” during the novel coronavirus pandemic, doctors, nurses, physician’s assistants and others are on the front lines treating those most seriously ill.
The U.S. District Court for the District of New Jersey is home to Multi-District Litigation relating to thousands of claims against Johnson & Johnson and others, alleging that ovarian cancer was caused by exposure to cosmetic talcum powder products. On April 27, 2020, Chief U.S. District Judge Freda L. Wolfson ruled on Daubert motions filed by the defense, seeking to bar the testimony of five experts used by the plaintiffs in the MDL.
In the matter of Mejia v. Quest Diagnostics, Inc., decided March 16, 2020 (2020), New Jersey’s Supreme Court has clarified the standing of a third-party defendant in civil litigation, when the plaintiff has not directly named that party as a defendant in the case.
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.
New York Court Denies Motion to Dismiss Child Victims Act Claims on Constitutional Grounds
In a Cold Blow to Commercial Landowners, New Jersey Appellate Division Rejects the Ongoing Storm Defense
Trial “From Home” In New Jersey – A Possible Future
Dean Pillarella Published in New York Law Journal
New Jersey Immunizes Medical Providers for Treatment of COVID-19 Patients
District of New Jersey Permits Testimony of Experts in Talc Litigation Over Daubert Challenges
N.J. Supreme Court Clarifies Standing of Third-Party Defendants’ Participation at Trial
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