News

January 7, 2020 In the matter of Johanna Cortes v. BJ’s Wholesale Club , U.S. District Court for the District of New Jersey, Civil Action No. 16-5513-SDW-JAD, Decided, December 19, 2019, U. S. District Judge Wigenton granted defendant BJ’S Wholesale Club’s motion for summary judgment finding that BJ’s did not […]

January 2, 2020 At its annual holiday party on December 20, 2019, McGivney, Kluger, Clark & Intoccia, P.C. was proud to elevate three of its attorneys to the rank of partner in the firm. Please join us in congratulating Meaghan Dean, from the Syracuse, NewYork office; Tom Emala, from the […]

December 23, 2019 On December 16, 2019, the Superior Court of New Jersey, Appellate Division, issued an unpublished decision in Raymond v. Fernandez , A-1933-18T1 (App. Div. N.J. Dec. 16, 2019), in which it affirmed a trial court’s dismissal of a motor vehicle negligence lawsuit because the plaintiff had been […]

December 18, 2019 As a recent asbestos trial in Philadelphia’s Court of Common Pleas demonstrated, the litigation strategy of “punishing” the sole non-settling defendant at trial does not always work. In Lombardo v. Unisys , Docket No. #1504-02140, Decedent, Michael Lombardo, died of mesothelioma on November 8, 2014.Mr. Lombardo’s wife […]

December 11, 2019 In Promise v. Khubani Enterprises, Inc., Superior Court of New Jersey, Appellate Division, Docket No. A-4160-17T4, the New Jersey Appellate Division, in an unpublished opinion, found that spoliation of a chair that caused plaintiff’s injury was insufficient to preclude summary judgment. Plaintiff Betty Promise was sitting in […]

December 11, 2019 In a published decision issued on December 9, 2019, New Jersey’s Appellate Division upheld a trial court’s dismissal of a medical malpractice complaint on the basis that the court lacked personal jurisdiction over the defendant. In Pullen v. Galloway, et al. , A-1373-18T2 (App. Div. Dec. 9, […]

November 20, 2019 On Thursday, November 14, 2019, New Jersey’s Legislature passed four (4) bills regulating the sale of flavored vaping products and menthol cigarettes in New Jersey. It is anticipated that all four will be signed into law by New Jersey Governor Phil Murphy in short order. These pieces […]

November 19, 2019 New York’s Court of Appeals recently affirmed the dismissal of a personal injury lawsuit against a commercial property owner, based on that owner’s status as an out-of-possession landlord. In reaching this result, the Court acknowledged certain contractual provisions or agreements that obligated the owner to be responsible […]

November 18, 2019 In the published case of Joseph Jardim v. Michael Edward Overley , A-1073-18T3, a three-judge panel of the New Jersey Superior Court, Appellate Division, affirmed a trial court’s ruling which had declined to exercise personal jurisdiction over a defendant, in a suit arising from a contract for […]