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.
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.
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).
With the future of qualified immunity around the nation up in the air, the New Jersey Supreme Court issued a decision on July 9, 2020 addressing the limits of qualified immunity in a §1983 Civil Rights Act lawsuit, alleging excessive force stemming from a police-involved shooting.
In a published decision, New Jersey’s Appellate Division recently affirmed a trial court’s dismissal of a wrongful death and survival lawsuit in the matter of The Estate of Frank A. Campagna, et al. v. Pleasant Point Properties, et al. (A-2989-18T1) (App. Div. June 17, 2020), holding that a “rooming house,” as that term is defined under New Jersey law, owes no duty to conduct background checks on prospective residents.
This week, New Jersey’s Supreme Court issued a decision in the matter of Friedman v. Martinez, (A-37/81-18) (081093), which affirmed a trial court’s dismissal of a number of claims made alleging “intrusion upon seclusion.” The plaintiffs were women who worked in an office building, where the defendant, Teodoro Martinez, while working as a janitor in the building, had allegedly implanted a camera in several women’s’ restrooms and locker rooms.
In a recently decided appeal in the matter of Minelli v. Harrah’s Resort Atlantic City, A-4431-18T1, the Appellate Division reinstated a personal injury claim filed by a claimant more than two (2) years after the accident, but after one of the defendants had filed for Chapter 11 bankruptcy.
New Jersey’s Supreme Court yesterday published a decision in the matter of Henry Sanchez v. Fitness Factory Edgewater, et al., issuing new guidance in interpreting New Jersey’s “Retail Installment Sales Act,” or “RISA,” codified at N.J.S.A. 17:16C-1, et seq. The case at issue was a putative class action brought by Plaintiff Henry Sanchez on behalf of himself, and as class representative of all others similarly situated in Morris County, against Defendant Fitness Factory.
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.
Third Circuit Finds Student’s Social Media Post To Be Protected Off-Campus Speech
Governmental Immunity and Police Officers: Connecticut Supreme Court Holds that Decision to Engage in Pursuit of Fleeing Vehicle is Discretionary
New Jersey Supreme Court Addresses the Limit of Qualified Immunity in a 4-3 Decision Denying Officer Immunity for Shooting
NJ Boarding Houses Under No Duty to Conduct Background Checks on Residents
Intrusion Upon Seclusion Can Be Proven by Circumstantial Evidence, NJ Court Rules
New Jersey Court Clarifies Effect of Automatic Bankruptcy Stay on Timeliness of Lawsuits
New Jersey Applies Retail Installment Sales Act to Retail Services Contracts
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