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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.
August 2, 2019 Justice Mendez granted a motion to vacate a prior default judgment in favor of Kohler and Domco, dismissing plaintiffs’ claim for punitive damages in the Carlstrand matter. On June 27, 2019, plaintiffs’ counsel notified all defendants of their intention to seek punitive damages (trial was scheduled to […]
July 31, 2019 The New Jersey Appellate Division recently ruled that a restrictive covenant imposed upon an employee may only be enforced as to the employer’s actual clients and not all of the employer’s prospective clients. In ADP LLC v. Eric Kusins, et al. , ADP brought suit against six […]
July 30, 2019 In Baran v. ASRC Federal , No. 17-7425 (RMB/JS), 2019 U.S. Dist. LEXIS 113432 (D.N.J. July 9, 2019), United States District Judge Renée Marie Bumb vacated a $3.5 million judgment against the defendant, ASRC Federal Mission Solutions, after determining that the defamation claim which resulted in the […]
July 29, 2019 This last Thursday, July 25, 2019, lawmakers in New York enacted the cleverly named “Stop Hacks and Improve Electronic Data Security Act” (the SHIELD Act), Senate Bill 5575. Following the lead of many other states, the SHIELD Act updates New York’s data breach laws by expanding the […]
July 25, 2019 In C.H. v. Rahway Board of Education, et al. , the Appellate Division held that a teacher cannot be held liable in simple negligence to a student injured by a faculty member while both were participating in a school sporting event. On June 11, 2013 Rahway Middle […]
July 17, 2019 The Supreme Court of the United States recently decided Merck Sharp & Dohme Corp. v. Albrecht et al. , in an effort to further clarify the “clear evidence” standard as it relates to pre-emption of federal law over state law. Nine years prior to the Court’s decision […]
July 16, 2019 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 […]
July 16, 2019 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 […]
July 9, 2019 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 […]
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