New Jersey’s Social Host Duty Applies to “Underage” Adults

Just over a year ago, MKCI analyzed a decision of the New Jersey Appellate Division in the matter of Narleski v. Gomes. In that case, the court considered whether an “underage” adult – someone over the age of eighteen, but under the legal drinking age of twenty-one – owed a duty as a social host to prevent underage guests in their homes from becoming intoxicated, and subsequently operating their motor vehicle.
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Connecticut Supreme Court Affirms Appellate Court’s Denial of Motion to Suspend the Rules for Filing an Appeal

Missing the deadline to file an appeal has potentially disastrous consequences, namely, the dismissal of the appeal and the possibility of a malpractice action. In Georges, et al. v. OB-GYN Services, P.C., et al., the Connecticut Supreme Court affirmed the Appellate Court’s decision to dismiss an untimely appeal after declining to suspend the rules of practice governing the filing of appeals.
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Diversity, Inclusion and Elimination of Bias

On behalf of the McGivney, Kluger, Clark & Intoccia, Diversity & Inclusion Committee, we thank Your Honor for taking the time to consider our request to include a diversity, inclusion and elimination of bias continuing legal education (CLE) as part of the mandatory continuing legal education requirement for New Jersey attorneys. Our committee has reviewed the NJSBA’s proposal to require two credit hours of CLE on this subject and wholeheartedly support same.
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In Legal Malpractice Claim, N.J.’s Appellate Division Restates Tort Claims Notice Rules

New Jersey’s Tort Claims Act requires that any person who seeks to file a lawsuit against a public entity for tortious injury or damage to persons or property must put the responsible public entity on notice of that intention within ninety (90) days of the claim’s accrual. N.J.S.A. § 59:8-8. In “extraordinary circumstances,” claimants may seek leave of court to file a late notice within one year of the claim’s accrual.
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New Jersey Appeals Court Clarifies “Relation Back” Rule in Personal Injury Case

On August 13, 2020, New Jersey’s Appellate Division issued a published opinion in the matter of Repko v. Our Lady of Lourdes Med. Ctr., Inc., 2020 N.J. Super. LEXIS 204, where it held that a pleading could not be amended to “relate back” to the original date of filing, where the original complaint was defective to the point of lacking standing in the first place.
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MKCI Obtains Dismissal of Professional Negligence Action Based on Doctrine of Forum Non Conveniens

McGivney, Kluger, Clark & Intoccia’s Emily Weisslitz recently obtained a dismissal of a fraud action brought against the firm’s client, a professional organization, by a physician member of that organization. The member physician had been certified by the defendant professional organization for several years, including for more than a decade following his retirement from the active practice of medicine.
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