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.

The Difficulties in Precluding Untimely Disclosed Expert Witnesses

The Difficulties in Precluding Untimely Disclosed Expert Witnesses

November 12, 2018 Davis, et al. v. Property Owners Association at Moodus Lake Shores, Inc., et al. The preclusion of an opposing party’s expert witness can result in a great tactical advantage in your case, if not lead to the dismissal of the entire action. Often enough, attorneys will seek […]

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The Difficulties in Precluding Untimely Disclosed Expert Witnesses

NJ Court Invalidates Arbitration Clause for Failure to Specify Arbitration Forum

NJ Court Invalidates Arbitration Clause for Failure to Specify Arbitration Forum

November 12, 2018 New Jersey’s Appellate Division has again issued a decision limiting the enforceability of arbitration clauses in employment agreements. In Marilyn Flanzman v. Jenny Craig, Inc. , A-2580-17T1, an eighty-two-year-old plaintiff was terminated by the defendant after twenty-six (26) years of service, and alleged age discrimination under New […]

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NJ Court Invalidates Arbitration Clause for Failure to Specify Arbitration Forum

MK&C Attorneys Obtain Summary Judgment for School Board Defendant in Title 59 Case

MK&C Attorneys Obtain Summary Judgment for School Board Defendant in Title 59 Case

October 30, 2018 McGivney, Kluger, Kluger & Intoccia, P.C. is proud to announce that on October 26, 2018, the firm’s Public Entity Department obtained a summary judgment dismissal of claims against the firm’s client, a school board in Bergen County, New Jersey. The litigation, pending since 2016, concerned a personal […]

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MK&C Attorneys Obtain Summary Judgment for School Board Defendant in Title 59 Case

Choice-of-Law in Accutane Litigation Favors Defense

Choice-of-Law in Accutane Litigation Favors Defense

October 30, 2018 New Jersey’s Supreme Court recently handed down another business-friendly decision, arising out of the Multi-County Litigation concerning the prescription medication Accutane, which is consolidated in Atlantic County. In a unanimous decision, the Court reinstated the trial court’s dismissal of 532 lawsuits against Hoffman-La Roche, Inc. and Roche […]

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Choice-of-Law in Accutane Litigation Favors Defense

Workers Compensation Exclusivity in Rhode Island Asbestos Litigation

Workers Compensation Exclusivity in Rhode Island Asbestos Litigation

October 30, 2018 Recently, in Robert E. Carson, et al. v. 3M Company, et al. , PC-2011-1046. (Oct. 22, 2018), the Court (Gibney, J.) granted a defendant’s motion for summary judgment after concluding that there was no genuine issue of material fact with regard to the Workers’ Compensation Act’s (WCA) […]

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Workers Compensation Exclusivity in Rhode Island Asbestos Litigation

NJ School Board Not Immune for Failure to Prevent a Sexual Assault

NJ School Board Not Immune for Failure to Prevent a Sexual Assault

October 25, 2018 New Jersey’s Appellate Division recently decided the matter of L.E. v. Plainfield Public School District , arising from a plaintiff’s allegation that the public school district negligently supervised the Plaintiff, L.E., and two other students, failed to prevent a sexual assault, and failed to investigate the assault […]

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NJ School Board Not Immune for Failure to Prevent a Sexual Assault

Punitive Damages under New Jersey Law against Discrimination Act cannot be avoided via Arbitration Clauses

Punitive Damages under New Jersey Law against Discrimination Act cannot be avoided via Arbitration Clauses

October 25, 2018 In the matter of Milagros Roman v. Bergen Logistics, LLC and Gregg Oliver, plaintiff filed suit for violations of the New Jersey Law Against Discrimination Act (“LAD”) and for intentional infliction of emotional distress. Plaintiff’s claims were for sexual harassment, a hostile work environment and termination in […]

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Punitive Damages under New Jersey Law against Discrimination Act cannot be avoided via Arbitration Clauses

Spooky Suits and the Standard of Care

Spooky Suits and the Standard of Care

October 17, 2018 Halloween is the one time of year where exceptions are made to allow for what society would otherwise consider to be unacceptable behavior. And while it may come as no surprise that parents, guardians and teachers allow children to behave differently during this holiday, many states have […]

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Spooky Suits and the Standard of Care

The Sometimes Overlooked Importance of Pretrial Discovery

The Sometimes Overlooked Importance of Pretrial Discovery

October 17, 2018 The most important part of civil litigation is pretrial discovery. That is where the parties are supposed to disclose to each other, and “discover” from each other, the facts that support their claims and defenses. Most attorneys approach this process from a disjunctive perspective that is counterproductive […]

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The Sometimes Overlooked Importance of Pretrial Discovery

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