In All The Way Towing, LLC v. Bucks County International, Inc., (A066/67-17) (Decided January 24, 2019), the New Jersey Supreme Court held that a customized tow truck fit within the NJ Consumer Fraud Act’s (CFA) expansive definition of “merchandise”.
Category Archives: News
Litigation Nightmare Results in Dismissal of Plaintiff’s Complaint with Prejudice
The New Jersey Appellate Division, in an unpublished opinion, Katramados v. First Transit Inc., (Appeal No. A-1947-17T1) (Decided January 24, 2019), invoked the ultimate sanction by dismissing a plaintiff’s complaint with prejudice after plaintiff’s repeated failures to comply with discovery.
Judicial Estoppel An Available Defense to New Jersey Spill Act Claim
New Jersey’s Appellate Division provided clarification as to what defenses may be asserted in an action brought under the New Jersey Spill Compensation and Control Act (“Spill Act”) in the recent decision of Matthew Terranova, et al. v. General Electric Pension Trust, et al., when it determined that the equitable defense of “judicial estoppel” is available to defendants in such actions.
A Wet, Grassy Slope is not a Dangerous Condition
The New Jersey Appellate Division, in an unpublished decision, Christine Spigai v. Live Nation Worldwide, Inc. (Appeal No. A-4242-16T4) (Decided January 11, 2019), affirmed the trial court’s grant of summary judgment by agreeing that no reasonable juror could find as to the tort claim defendant (New Jersey Turnpike Authority) "a condition of property that creates a substantial risk of injury when such property is used with due care in a manner in which it is reasonably foreseeable that it will be used." N.J.S.A. 59:4-1(a). It further agreed that the obvious nature of the wet grass on the hill made it impossible for plaintiff to recover against Live Nation, a defendant without statutory immunities.
Hanley v. Rockwell Automation/Allen-Bradley – MSJ Granted
Justice Manuel Mendez granted a defendant’s motion for summary judgment, which was predicated on the doctrine of preemption, in the Estate of Michael Hanley matter. In this matter, decedent worked as an electrician for the Long Island Railroad from the 1970s until approximately 2000.
HarrisMartin’s New Jersey Asbestos Litigation Conference Agenda
Joel Clark (Chairperson) and Chuck McGivney (Panelist) to speak at the upcoming Harris Martin New Jersey Asbestos Seminar on February 13th 2019. See agenda attached.
New Jersey Appellate Court Remands Case Due to Defense Counsel Remarks
New Jersey’s Appellate Division recently reversed a Bergen County trial court and remanded the matter for a new trial, following a jury verdict in favor of the plaintiff. In the matter of Juan Morales-Hurtado v. Abel Reinoso, a motor vehicle negligence action, the jury returned a verdict in favor of the plaintiff for $50,000 in pain and suffering, plus $71,615.73 for past medical expenses.
Connecticut High Court to Hear Asbestos Coverage Case
Back in March 2017, the Connecticut Appellate Court issued a 161 page decision in R.T. Vanderbilt Co. v. Hartford Accident & Indemnity Co., 171 Conn. App. 61, 156 A.3d 539 (2017).
School District Not Liable For Racially Disparaging Remark
On December 5, 2018, the New Jersey Appellate Division, in an unpublished opinion, (N.W v. Greater Egg Harbor Regional High School District, Superior Court of New Jersey, Appellate Division, Docket No. A-5079-16T4), affirmed the trial court’s grant of summary judgment dismissing plaintiff’s complaint against a school district which alleged that a single racially disparaging remark stated a claim under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49.
In New Jersey, Pre-Suit Discovery is the Exception, Not the Rule
The Committee on Opinions recently approved for publication an October 27, 2017 Atlantic County Law Division Opinion in Liberty Mutual Insurance Co. v. Borgata Hotel Casino & Spa, which bears upon insurance carriers’ and defense attorneys’ ability to investigate claims prior to the institution of suit.