News

June 25, 2019 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 […]

June 25, 2019 In Dutra Group v. Batterton, the United States Supreme Court held that punitive damages are not available under maritime law. Christopher Batterton sought general and punitive damages from an injury he suffered while working as a deckhand and crew member on vessels owned and operated by the […]

June 19, 2019 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. The case involved a deceased […]

June 18, 2019 McGivney, Kluger, Clark & Intoccia is pleased to congratulate MKCI 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. Jim has […]

June 12, 2019 New Jersey’s Appellate Division recently issued an unpublished decision in C.M.S. Investment Ventures Inc. v. American European Ins.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 […]

June 10, 2019 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. The law goes into effect on September 1, […]

May 28, 2019 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. In a 5-2 decision, the Court amended 90.702 (testimony by experts) and 90.704 (basis of opinion […]

May 28, 2019 On May 23, 2019, the Appellate Division issued a decision in Liberty Mutual Insurance Company, et al. v. Penske Truck Leasing Co., et al. , and made clear that New Jersey insurers are permitted to pursue reimbursement of personal injury protection (“PIP”) benefits through arbitration against the […]

May 16, 2019 In an unpublished decision, New Jersey’s Appellate Division recently affirmed a trial court’s decision in the matter of Hurtado v. Wilkins , 2019 N.J. Super. Unpub. LEXIS 1017 (App. Div. of N.J., Decided May 3, 2019), granting the defendant’s motion to dismiss the plaintiff’s motor vehicle plaintiff’s […]