New York Governor Andrew Cuomo recently addressed the issue of price-gouging in the face of the rapidly spreading coronavirus, COVID-19: “If you are a store, you can lose your license and we are very serious about this.
Category Archives: News
New Jersey Appellate Court Affirms Dismissal of Mold Claims Arising from Alleged Construction Defects, Finding Lack of Proximate Cause
In a recent unpublished decision in the matter of Wean v. U.S. Home Corporation, et al., the New Jersey Appellate Division affirmed a trial court’s dismissal of a mold lawsuit filed by plaintiff, allegedly arising out of the negligent construction of the plaintiff’s townhome.
MKCI’s Syracuse Attorneys Obtain Dismissal Based on Written Notice Requirement In Lease
MKCI is proud to announce that its Syracuse attorneys recently obtained summary judgment on behalf of a residential property manager, in a lawsuit alleging personal injuries. The plaintiff in that suit fell while stepping off of a porch, when one of the steps suddenly dislodged.
Statute of Limitations Does Not Bar Claim Arising from 2003 Divorce, New Jersey Court Rules
In New Jersey, the statute of limitations for a legal malpractice claim is six years from the accrual of the cause of action. However, the cause of action does not accrue until the client suffers actual damage, and discovers or should have discovered the basis for a legal malpractice claim.
Commercial Tenant’s Control and Possession of Property Allows Landowner to Escape Liability in New Jersey
In New Jersey, landowners generally have a non-delegable duty to maintain their premises in a reasonably safe manner for those who come onto their premises. That often leads to personal injury claims where the landowner and tenant are both named, even where the lease agreement between a landowner and tenant provides that the tenant is solely responsible for maintenance and repair of the land and premises.
Connecticut Declines to Require Jurors to Affirmatively Disclose Race
In a recent decision of the Connecticut Supreme Court in the matter of State v. Raynor, 334 Conn. 264 (2019), the Court declined to require prospective jurors to disclose their racial background as part of the jury selection process.
Drastic Reduction in Philadelphia Risperdal Verdict
Judge Kenneth Powell granted the post-trial remittitur motion of Janssen Pharmaceuticalson January 17, 2020, thereby reducing the punitive damages awarded by the Philadelphia juryin October of 2019, down from $8 billionto $6.8 million.
New Jersey Court Limits Deliberative Process Privilege in Response to Public Records Request
New Jersey passed the Open Public Records Act (“OPRA”) to provide its citizens with access to government records, in order to ensure an informed citizenry. A common law right to access public records has also existed parallel to, and unrestricted by, OPRA.
Joel Clark and Gary Intoccia Elevated to Named Partners
Today, the firm is pleased to unveil its new name – McGivney, Kluger, Clark & Intoccia, P.C. The firm has elevated Senior Partners Joel Clark and Gary Intoccia to named partners of the firm, recognizing their decades of commitment to the firm, their practice, and their clients.
New Jersey Supreme Court Dismisses TCCWNA Claims Against Towing Companies
On January 16, 2020, in a unanimous decision, New Jersey’s Supreme Court partially reversed a 2018 decision of the Appellate Division, and dismissed two separate claims, consolidated on appeal, made under the Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) as putative class actions.