Category Archives: News

Justice Mendez granted a motion to vacate a prior default judgment in favor of Kohler and Domco, dismissing plaintiffs’ claim for punitive damages in the Carlstrand matter. On June 27, 2019, plaintiffs’ counsel notified all defendants of their intention to seek punitive damages (trial was scheduled to begin July 30, 2019).

The New Jersey Appellate Division recently ruled that a restrictive covenant imposed upon an employee may only be enforced as to the employer’s actual clients and not all of the employer’s prospective clients.

In Baran v. ASRC Federal, No. 17-7425 (RMB/JS), 2019 U.S. Dist. LEXIS 113432 (D.N.J. July 9, 2019), United States District Judge Renée Marie Bumb vacated a $3.5 million judgment against the defendant, ASRC Federal Mission Solutions, after determining that the defamation claim which resulted in the verdict was, in fact, time-barred.

This last Thursday, July 25, 2019, lawmakers in New York enacted the cleverly named “Stop Hacks and Improve Electronic Data Security Act” (the SHIELD Act), Senate Bill 5575. Following the lead of many other states, the SHIELD Act updates New York’s data breach laws by expanding the definition of private information, expanding notification requirements, and requiring that individuals and businesses handling sensitive information implement “reasonable” data security measures.

In C.H. v. Rahway Board of Education, et al.,the Appellate Division held that a teacher cannot be held liable in simple negligence to a student injured by a faculty member while both were participating in a school sporting event.

The Supreme Court of the United States recently decided Merck Sharp & Dohme Corp. v. Albrecht, et al., in an effort to further clarify the “clear evidence” standard as it relates to preemption of federal law over state law.

On June 11, 2019, in the Matter of Eighth Jud. Dist. Asbestos Litig., (___NY3d___, 2019 NY Slip Op 04640, [2019]) New York State’s highest court, reversed the decision of the intermediate appellate court and reinstated an order of the trial Court denying a defendant’s motion for summary judgment. The motion had been granted on appeal under a theory that its coke ovens should not be considered “products” in the context of a New York products liability lawsuit.

Illinois recently saw a major change to the longstanding exclusive remedy provision of the State’s workers’ compensation system. Under Public Act 101-0006, claims forinjury or death resulting from occupational diseases are now excluded from the statutes of repose provisions of the Illinois Worker's Compensation Act and the Workers' Occupational Diseases Act.

In the unpublished decision of Magdon v. Harley Davidson, et al., 2019 N.J. Super Unpub. (App. Div. of N.J., Decided May 30, 2019),New Jersey’s Appellate Division reversed the trial court’s dismissal of a Plaintiff’s product liability complaint against Harley Davidson, and ruled that the plaintiff’s expert opinion was admissible.

In Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397, as subrogee of Laura Lindsey v. Public Service Electric and Gas, A-4128-17T4, approved for publication June 17, 2019 (“Lindsey”), the Appellate Division considered the scope of available damages to homeowners who are displaced from their homes by another’s negligence.