News

November 7, 2019 The New Jersey Supreme Court recently held that a “consumer cannot be required to arbitrate when it cannot fairly be ascertained from the contract’s language that [he or] she knowingly assented to the provision’s terms or knew that arbitration was the exclusive forum for dispute resolution.” Kernahan […]

November 4, 2019 In Narleski v. Gomes, et al. , 495 N.J. Super. 377 (App. Div. 2019), the New Jersey Appellate Division established, prospectively, “that an adult who is under the legal drinking age shall owe injured parties a duty under the common law to desist from facilitating drinking by […]

October 30, 2019 In a recent decision in the matter of Susinno v. Work Out World, Inc. , the United States District Court for the District of New Jersey granted class certification to potential plaintiffs with claims arising under the Telephone Consumer Protection Act (TCPA) against Work Out World, Inc. […]

October 28, 2019 Recently, the Connecticut Appellate Division affirmed a trial court’s prior decision to grant summary judgment on behalf of the City of Norwich with respect to the City’s duty to remove snow. In Kusy v. City of Norwich, et al. (AC 41721), the plaintiff sought to recover damages […]

October 23, 2019 The past few years have seen a significant increase in toxic tort litigation against Johnson and Johnson, alleging their talcum powder products, mainly Baby Powder and Shower to Shower, cause mesothelioma and ovarian cancer. Some of these suits have resulted in significant damage awards against Johnson and […]

October 21, 2019 With yet another trial postponed, a St. Louis, Missouri jury has yet to weigh in on allegations that the popular weed killer Roundup, made by Monsanto (now Bayer AG), causes cancer. St. Louis was the home of Monsanto for over 100 years.It is also a venue with […]

October 17, 2019 Lawsuits alleging business websites and mobile applications have violated the Americans with Disabilities Act (“ADA”) are expected to rise sharply in the wake of the United States Supreme Court’s recent decision to deny Domino’s Pizza’s (“Domino’s”) petition for a writ of certiorari. Domino’s had sought a review […]

October 17, 2019 On September 26, 2019, a jury returned a verdict for the defense in the matter of Barbara Earnest v. Sanofi Aventis U.S. LLC and Sanofi US Service, Inc., in the Eastern District of Louisiana.The trial was presided over by Judge Jane Triche Milazzo, beginning on September 16, […]

October 15, 2019 Relying upon the common law, New Jersey courts have long utilized additur (adding to a jury’s excessively low damages award) and remittitur (reducing a jury’s excessively high damages award) when the trial judge concluded that there had been a miscarriage of justice, and that the verdict’s award […]