McGivney, Kluger & Cook 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 11, 2019, in the Matter of Eighth Jud. Dist. Asbestos Litig., (___NY3d___, 2019 NY Slip Op 04640, [2019]) New York State’s highest court, reversed the decision of the intermediate appellate court and reinstated an order of the trial Court denying a defendant’s motion for summary judgment. The motion had been granted on appeal under a theory that its coke ovens should not be considered “products” in the context of a New York products liability lawsuit.
Illinois recently saw a major change to the longstanding exclusive remedy provision of the State’s workers’ compensation system. Under Public Act 101-0006, claims forinjury or death resulting from occupational diseases are now excluded from the statutes of repose provisions of the Illinois Worker's Compensation Act and the Workers' Occupational Diseases Act.
In the unpublished decision of Magdon v. Harley Davidson, et al., 2019 N.J. Super Unpub. (App. Div. of N.J., Decided May 30, 2019),New Jersey’s Appellate Division reversed the trial court’s dismissal of a Plaintiff’s product liability complaint against Harley Davidson, and ruled that the plaintiff’s expert opinion was admissible.
In Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397, as subrogee of Laura Lindsey v. Public Service Electric and Gas, A-4128-17T4, approved for publication June 17, 2019 (“Lindsey”), the Appellate Division considered the scope of available damages to homeowners who are displaced from their homes by another’s negligence.
On June 28, 2019, the First Department of the Appellate Division released its decision on the appeals brought by A.O. Smith, Peerless, and Burnham in the Pietro Macaluso matter. The case was tried to verdict on April 13, 2018 before Justice Mendez.
McGivney, Kluger & Cook is pleased to congratulate MKC Partner James A. Long on his admission to the California Bar. Jim is a partner in the firm’s Syracuse, New York office and actively represents clients out of the firm’s Los Angeles office as well.
New Jersey’s Appellate Division recently issued an unpublished decision in C.M.S. Investment Ventures Inc. v. American European Ins. Co., in which it affirmed a trial court’s grant of declaratory judgment to C.M.S. Investment Ventures (“CMS”), a policyholder with American European Insurance Company (“AEIC”). The declaratory judgment action arose when CMS, which owned an apartment building, faced a claim by one of its tenants/residents pertaining to a sexual assault.
On May 10, 2019, New Jersey’s governor, Phil Murphy, signed legislation that amended the state’s current data breach laws, to expand the definition of personal information that requires consumers to be notified in the wake of a data breach.
On May 23, 2019, the Florida Supreme Court reversed it stance regarding a critical rule on expert testimony, adopting the Daubert standard, effective immediately, and reversing a 2017 decision implementing Frye.
New York Court of Appeals Holds that a Coke Oven Was a “Product” Instead of Improvement to Real Property, and Holds Manufacturer to Strict Products Liability Standard
Illinois Ends Workers’ Compensation as “Exclusive Remedy” For Occupational Exposures
New Jersey Court Permits Expert to “Rule Out” Other Causes of Accident to Support Claim of Product Defect
New Jersey Appellate Division Defines Available “Loss of Use” Damages for Real Property
No Punitives in Maritime Cases
First Department Releases Decision on Appeal of Macaluso Trial
Congratulations to James A. Long
NJ Court Declines to Enforce Policy Exclusion for Assault and Battery
New Jersey Expands Notification Requirements for Data Breaches
Florida Supreme Court Reverses Prior Opinion, Adopts Daubert Standard and Rejects Frye