News

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.

New Jersey College Hosting Country Music Concert Entitled to Charitable Immunity

New Jersey College Hosting Country Music Concert Entitled to Charitable Immunity

May 16, 2019 In the case of Frances Green v. Monmouth University , A-63-17, Decided May 7, 2019, the New Jersey Supreme Court affirmed Monmouth University’s entitlement to charitable immunity in the face of a personal injury lawsuit filed by a non-student. The plaintiff was injured while attending a Martina […]

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New Jersey College Hosting Country Music Concert Entitled to Charitable Immunity

There is No Protected Class under New Jersey’s Law Against Discrimination Based Solely on Weight

There is No Protected Class under New Jersey’s Law Against Discrimination Based Solely on Weight

May 7, 2019 On April 4, 2019 the Appellate Division issued an opinion reaffirming that obesity alone does not constitute a disability under New Jersey’s Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1, et seq., in Corey Dickson v. Community Bus Lines, Inc., et al. Plaintiff, Corey Dickson, filed a lawsuit against […]

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There is No Protected Class under New Jersey’s Law Against Discrimination Based Solely on Weight

NJ Appellate Court Affirms Late Tort Claim Notice Due to Plaintiff’s Health Problems

NJ Appellate Court Affirms Late Tort Claim Notice Due to Plaintiff’s Health Problems

April 26, 2019 The New Jersey Appellate Division, in an unpublished opinion, affirmed a trial court’s determination that Plaintiff demonstrated extraordinary circumstances sufficient to warrant her late filing of a tort claim notice. Ordinarily, a plaintiff who wishes to bring a claim against a public entity in New Jersey must […]

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NJ Appellate Court Affirms Late Tort Claim Notice Due to Plaintiff’s Health Problems

NJ TCCWNA Class Action Claim Dismissed Where Class Members Suffered No Harm

NJ TCCWNA Class Action Claim Dismissed Where Class Members Suffered No Harm

April 26, 2019 The Appellate Division recently reversed a trial court’s order certifying a class action claim against a health club chain. Plaintiffs filed a class action, alleging that an exculpatory clause in defendant’ s health club membership agreement violated the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 […]

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NJ TCCWNA Class Action Claim Dismissed Where Class Members Suffered No Harm

St. Louis Jury Finds for Ford Motor Company in Asbestos Trial

St. Louis Jury Finds for Ford Motor Company in Asbestos Trial

April 18, 2019 After a brief deliberation, a St. Louis city jury found Ford Motor Company not liable for the death of a shade-tree auto mechanic who allegedly used Ford asbestos-containing brakes and later developed mesothelioma. Plaintiff Mary Kennedy alleged that her twin brother, Robert Hare, used Ford asbestos-containing brake […]

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St. Louis Jury Finds for Ford Motor Company in Asbestos Trial

NJ College and Administrators Immune From Former Student Sexual Assault Claim

NJ College and Administrators Immune From Former Student Sexual Assault Claim

April 18, 2019 In Jane Jones v. Pi Kappa Alpha International Fraternity, Inc. ; No. 17-3272, (3 d Cir. April 1, 2019), the Third Circuit held that Ramapo College of New Jersey and several of its officers were entitled to sovereign immunity in their official capacities, and that the officers […]

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NJ College and Administrators Immune From Former Student Sexual Assault Claim

New Jersey Supreme Court Holds that Medical Damages Otherwise Collectible under No-Fault Policies that Exceed $15,000 Policy Limits Are Not Recoverable

New Jersey Supreme Court Holds that Medical Damages Otherwise Collectible under No-Fault Policies that Exceed $15,000 Policy Limits Are Not Recoverable

April 18, 2019 In a landmark opinion, the New Jersey Supreme Court put to rest a longstanding dispute concerning what measure of economic damages an injured motorist could recover, when that plaintiff opted for a policy of automobile insurance, under which they elected to purchase smaller amounts of personal injury […]

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New Jersey Supreme Court Holds that Medical Damages Otherwise Collectible under No-Fault Policies that Exceed $15,000 Policy Limits Are Not Recoverable

Employer’s Failure to Accommodate Medical Marijuana Use Can Form Basis of Discrimination Claim, NJ Court Finds

Employer’s Failure to Accommodate Medical Marijuana Use Can Form Basis of Discrimination Claim, NJ Court Finds

April 8, 2019 New Jersey’s Appellate Division reversed a trial court’s dismissal of a Law Against Discrimination (“LAD”) claim that was premised on an employer’s failure to accommodate an employee’s off-site medical marijuana use. In Wild v. Carriage Funeral Holdings, Inc. , the appellate court held that the New Jersey […]

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Employer’s Failure to Accommodate Medical Marijuana Use Can Form Basis of Discrimination Claim, NJ Court Finds

NJ College Under No Duty To Protect Injured Employee Of Independent Contractor

NJ College Under No Duty To Protect Injured Employee Of Independent Contractor

April 4, 2019 The New Jersey Appellate Division, in an unpublished opinion, re-affirmed established New Jersey law that a landowner is under no duty to protect an employee of an independent contractor from the very hazard created by the contract absent the landowner’s retention of control over the manner and […]

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NJ College Under No Duty To Protect Injured Employee Of Independent Contractor

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