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.

Third-Party Observers and Recording of Medical Exams in New Jersey Personal Injury Litigation

Third-Party Observers and Recording of Medical Exams in New Jersey Personal Injury Litigation

July 15, 2022 On May 3, 2022, in a published decision captioned as Kathleen DiFiore v. Tomo Pezic, et al. , the Appellate Division considered consolidated appeals relating to the conduct of “Independent Medical Examinations” – sometimes referred to as “defense medical examinations” – within the context of bodily injury […]

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Third-Party Observers and Recording of Medical Exams in New Jersey Personal Injury Litigation

New Jersey Supreme Court Reinstates Verdict for Plaintiff in Asbestos Failure to Warn Case, and Affirms “Substantial factor” Test for Medical Causation

New Jersey Supreme Court Reinstates Verdict for Plaintiff in Asbestos Failure to Warn Case, and Affirms “Substantial factor” Test for Medical Causation

July 5, 2022 On June 30, 2022, the New Jersey Supreme Court decided Fowler v. Akzo Nobel Chemicals, Inc. The Supreme Court considered two issues: first, whether a manufacturer or supplier that places a defective warning on asbestos products may satisfy its duty to warn by providing adequate information about […]

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New Jersey Supreme Court Reinstates Verdict for Plaintiff in Asbestos Failure to Warn Case, and Affirms “Substantial factor” Test for Medical Causation

The Adult Survivors Act Likely to Become Law After Passing in the New York State Assembly Yesterday

The Adult Survivors Act Likely to Become Law After Passing in the New York State Assembly Yesterday

May 24, 2022 Yesterday, May 23, 2022, the New York Assembly passed the Adult Survivors Act (“ASA”) (S.66/A.648). The bill now heads to the Governor who has indicated that she intends to sign it as early as today. The bill allows adult survivors of sexual abuse an opportunity to sue […]

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The Adult Survivors Act Likely to Become Law After Passing in the New York State Assembly Yesterday

“Mode-of-Operation” Rule Limited in New Jersey

“Mode-of-Operation” Rule Limited in New Jersey

April 11, 2022 In a much anticipated decision in the matter of Jeter v. Sam’s Club , A-2-21, decided on March 17, 2022, New Jersey’s Supreme Court declined to extend the mode-of-operation rule to a case where a food product from a sealed container allegedly spilled and caused a dangerous […]

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“Mode-of-Operation” Rule Limited in New Jersey

Jeff Kluger to Speak on ABA’s Benzene Litigation Panel

Jeff Kluger to Speak on ABA’s Benzene Litigation Panel

March 03, 2022 MKCI is proud to announce that Jeffrey Kluger, the firm’s co-founder and Director of our Toxic Torts/Hazardous Substances Practice Area, will be presenting at the American Bar Association’s Tort, Trial & Insurance Practice Section’s “Toxic Torts & Environmental Law Committee” on April 9, 2022 in Scottsdale, Arizona. […]

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Jeff Kluger to Speak on ABA’s Benzene Litigation Panel

New Jersey Clarifies its “Premises Rule” in Workers’ Compensation Claims

New Jersey Clarifies its “Premises Rule” in Workers’ Compensation Claims

January 18, 2022 On January 18, 2022, New Jersey’s Supreme Court published a decision in the matter of Lapsley v. Twp. of Sparta , A-69/69-20 (Jan. 18, 2022), determining that an injury sustained by the plaintiff on a parking lot adjacent to her place of work was a “compensable” injury […]

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New Jersey Clarifies its “Premises Rule” in Workers’ Compensation Claims

Pennsylvania Supreme Court Holds “Consent Jurisdiction by Registration” Unconstitutional

Pennsylvania Supreme Court Holds “Consent Jurisdiction by Registration” Unconstitutional

January 6, 2022 On December 22, 2021, the Supreme Court of Pennsylvania issued a significant decision in the matter of Mallory v. Norfolk Southern Railway Company, holding that Pennsylvania’s general jurisdiction statute, 42 Pa.C.S. § 5301(a)(2), which conveys general jurisdiction over foreign corporations who register to do business in Pennsylvania, […]

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Pennsylvania Supreme Court Holds “Consent Jurisdiction by Registration” Unconstitutional

Waiver of Public Entity Immunities in New Jersey Sexual Abuse Claims

Waiver of Public Entity Immunities in New Jersey Sexual Abuse Claims

December 22, 2021 On December 16, 2021, New Jersey’s Appellate Division issued a published decision in E.C., a minor, et al. v. Leo Inglima-Donaldson, et al. , A-2752-20, clarifying the application of New Jersey’s newly adopted standard for public entity liability in cases of claims alleging childhood sexual abuse. In […]

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Waiver of Public Entity Immunities in New Jersey Sexual Abuse Claims

NJ Supreme Court Allows Virtual Proceedings to Continue After the Pandemic

NJ Supreme Court Allows Virtual Proceedings to Continue After the Pandemic

November 19, 2021 Please be advised the New Jersey Supreme Court issued a notice on November 18, 2021 that permits virtual court proceedings in New Jersey after the pandemic ends. The Court noted “attorneys, parties, and judges have praised the reduced time and cost associated with virtual proceedings for brief […]

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NJ Supreme Court Allows Virtual Proceedings to Continue After the Pandemic

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