The New Jersey Appellate Division, in an unpublished opinion, affirmed a trial court’s determination that Plaintiff demonstrated extraordinary circumstances sufficient to warrant her late filing of a tort claim notice. Ordinarily, a plaintiff who wishes to bring a claim against a public entity in New Jersey must put that entity on notice of the claim within ninety (90) days of the date of its accrual.
Category Archives: News
NJ TCCWNA Class Action Claim Dismissed Where Class Members Suffered No Harm
The Appellate Division recently reversed a trial court’s order certifying a class action claim against a health club chain. Plaintiffs filed a class action, alleging that an exculpatory clause in defendant's health club membership agreement violated the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18.
St. Louis Jury Finds for Ford Motor Company in Asbestos Trial
After a brief deliberation, a St. Louis city jury found Ford Motor Company not liable for the death of a shade-tree auto mechanic who allegedly used Ford asbestos-containing brakes and later developed mesothelioma.
NJ College and Administrators Immune From Former Student Sexual Assault Claim
In Jane Jones v. Pi Kappa Alpha International Fraternity, Inc.; No. 17-3272, (3d Cir. April 1, 2019), the Third Circuit held that Ramapo College of New Jersey and several of its officers were entitled to sovereign immunity in their official capacities, and that the officers were entitled to qualified immunity for certain counts of the complaints.
New Jersey Supreme Court Holds that Medical Damages Otherwise Collectible under No-Fault Policies that Exceed $15,000 Policy Limits Are Not Recoverable
In a landmark opinion, the New Jersey Supreme Court put to rest a longstanding dispute concerning what measure of economic damages an injured motorist could recover, when that plaintiff opted for a policy of automobile insurance, under which they elected to purchase smaller amounts of personal injury protection (PIP) benefits than the default $250,000 policy limits.
Employer’s Failure to Accommodate Medical Marijuana Use Can Form Basis of Discrimination Claim, NJ Court Finds
New Jersey’s Appellate Division reversed a trial court’s dismissal of a Law Against Discrimination (“LAD”) claim that was premised on an employer’s failure to accommodate an employee’s off-site medical marijuana use.
NJ College Under No Duty To Protect Injured Employee Of Independent Contractor
The New Jersey Appellate Division, in an unpublished opinion, re-affirmed established New Jersey law that a landowner is under no duty to protect an employee of an independent contractor from the very hazard created by the contract absent the landowner’s retention of control over the manner and means by which the work is to be performed or where the work constitutes a nuisance per se or where one knowingly engages an incompetent contractor.
Defense Verdict in Favor of Johnson and Johnson Talc Matter Venued in Middlesex County NJ
On March 27, 2019, a Middlesex County, New Jersey jury of six men rendered a Defense verdict in favor of Defendant Johnson & Johnson Consumer, Inc. ("JJCI"), a subsidiary of Johnson & Johnson, in the Ricardo and Pilar Rimondi matter.
New Jersey Supreme Court Hears Oral Argument in Rowe Asbestos Matter
Oral argument in the Rowe v. Hilco (Universal Supply) appeal took place on March 25, 2019 before the New Jersey Supreme Court in Trenton. The Appellate Division determined the trial court erred in permitting Hilco ("Universal") to use Answers to Interrogatories and deposition transcripts of settled Defendants' representatives to persuade the jury to allocate fault against those Defendants at trial. As a result, the Appellate Division remanded the case for a new trial as to apportionment of damages between Universal and eight settled Defendants where that evidence could not be used.
NJ Court Puts Brakes on Eminent Domain Land Grab
Eminent domain is the power of the State to take private property for public use and to compensate the property owner.