Oct
14
2020
On behalf of the McGivney, Kluger, Clark & Intoccia, Diversity & Inclusion Committee, we thank Your Honor for taking the time to consider our request to include a diversity, inclusion and elimination of bias continuing legal education (CLE) as part of the mandatory continuing legal education requirement for New Jersey attorneys. Our committee has reviewed the NJSBA’s proposal to require two credit hours of CLE on this subject and wholeheartedly support same.
Oct
07
2020
New Jersey’s Tort Claims Act requires that any person who seeks to file a lawsuit against a public entity for tortious injury or damage to persons or property must put the responsible public entity on notice of that intention within ninety (90) days of the claim’s accrual. N.J.S.A. § 59:8-8. In “extraordinary circumstances,” claimants may seek leave of court to file a late notice within one year of the claim’s accrual.
Sep
29
2020
In a case of first impression, the Connecticut Supreme Court in Lafferty, et al. v. Jones, et al. held that the imposition of sanctions based on certain comments made about the case by a defendant did not violate his first amendment right to free speech under the United States constitution.
Sep
25
2020
In January of 2020, the United States Supreme Court granted certiorari in two consolidated cases to address the limits of specific personal jurisdiction. See Ford Motor Co. v. Montana Eighth Judicial Dist. Ct., Case No. 19-368; see also Ford Motor Co. v. Bandemer, Case No. 19-369.
Sep
08
2020
On August 5, 2020, the United States Court of Appeals for the Third Circuit issued a precedential decision in the matter of M.S. v. Susquehanna Twp. Sch. Dist., 2020 U.S. App. LEXIS 24639 (3d Cir. 2020), clarifying the scope of a school district’s potential Title IX liability for sex-based harassment.
Aug
21
2020
On August 13, 2020, New Jersey’s Appellate Division issued a published opinion in the matter of Repko v. Our Lady of Lourdes Med. Ctr., Inc., 2020 N.J. Super. LEXIS 204, where it held that a pleading could not be amended to “relate back” to the original date of filing, where the original complaint was defective to the point of lacking standing in the first place.
Aug
18
2020
McGivney, Kluger, Clark & Intoccia’s Emily Weisslitz recently obtained a dismissal of a fraud action brought against the firm’s client, a professional organization, by a physician member of that organization. The member physician had been certified by the defendant professional organization for several years, including for more than a decade following his retirement from the active practice of medicine.
Aug
12
2020
On July 29, 2020, New Jersey’s Supreme Court issued a decision in the matter of Sun Chemical Corp. v. Fike Corp., 2020 N.J. LEXIS 880 (2020). The decision was issued in response a question of law certified by the United States Court of Appeals for the Third Circuit, which was “whether a Consumer Fraud Act [“CFA”] claim [can] be based, in part or exclusively, on a claim that also might be actionable under the Products Liability Act.”
Aug
04
2020
On June 30, 2020, the United States Court of Appeals for the Third Circuit issued a decision in the matter of B.L. v. Mahanoy Area Sch. Dist., 964 F.3d 170 (3d Cir. 2020), ruling on a public school student’s federal Civil Rights Act claims arising out of a punishment that the student received for making a social media post over a weekend, away from school.
Jul
24
2020
Recently in Borelli, Administratrix v. Renaldi, et al., the Connecticut Supreme Court held that the decision by a police officer to pursue a fleeing motor vehicle is discretionary in nature and thus entitled to governmental immunity pursuant to Conn. Gen. Stat. §52-557(a)(2).