New Jersey’s Supreme Court yesterday published a decision in the matter of Henry Sanchez v. Fitness Factory Edgewater, et al., issuing new guidance in interpreting New Jersey’s “Retail Installment Sales Act,” or “RISA,” codified at N.J.S.A. 17:16C-1, et seq. The case at issue was a putative class action brought by Plaintiff Henry Sanchez on behalf of himself, and as class representative of all others similarly situated in Morris County, against Defendant Fitness Factory.
Category Archives: News
New York Court Denies Motion to Dismiss Child Victims Act Claims on Constitutional Grounds
New York, in enacting the Child Victims Act (the “CVA”), created a one-year “look back” window, permitting civil claims alleging the sexual abuse of a minor to be filed even if the claims were previously time-barred.
In a Cold Blow to Commercial Landowners, New Jersey Appellate Division Rejects the Ongoing Storm Defense
In an opinion published on April 9, 2020 in Pareja v. Princeton International Properties, et al., the Appellate Division held that the ongoing storm defense asserted by defendants in snow and ice slip-and-fall cases does not apply in New Jersey.
Trial “From Home” In New Jersey – A Possible Future
New Jersey’s state court system has reacted repeatedly – and aggressively – to keep the proverbial courthouse “doors” open during the COVID-19 outbreak, even though the court buildings, like most of the rest of the heavily impacted Northeast, are themselves closed.
Dean Pillarella Published in New York Law Journal
McGivney, Kluger, Clark & Intoccia, P.C. is proud to share that Dean Pillarella, an associate in the firm’s New York City office, was recently published in the New York Law Journal.
New Jersey Immunizes Medical Providers for Treatment of COVID-19 Patients
As a reported third of the world is locked down, and practicing “social distancing” during the novel coronavirus pandemic, doctors, nurses, physician’s assistants and others are on the front lines treating those most seriously ill.
District of New Jersey Permits Testimony of Experts in Talc Litigation Over Daubert Challenges
The U.S. District Court for the District of New Jersey is home to Multi-District Litigation relating to thousands of claims against Johnson & Johnson and others, alleging that ovarian cancer was caused by exposure to cosmetic talcum powder products. On April 27, 2020, Chief U.S. District Judge Freda L. Wolfson ruled on Daubert motions filed by the defense, seeking to bar the testimony of five experts used by the plaintiffs in the MDL.
N.J. Supreme Court Clarifies Standing of Third-Party Defendants’ Participation at Trial
In the matter of Mejia v. Quest Diagnostics, Inc., decided March 16, 2020 (2020), New Jersey’s Supreme Court has clarified the standing of a third-party defendant in civil litigation, when the plaintiff has not directly named that party as a defendant in the case.
County Not Liable Under New Jersey Civil Rights Act for Assault on Inmate
Assaults by one inmate on another occur in correctional facilities. However, government entities in New Jersey are only liable for the conduct of their employees if a constitutional violation is the result of a municipal policy or custom that violated an inmate’s constitutional rights, or that it applied a policy or custom in a manner that violated an inmate’s constitutional rights.
As Coronavirus Cases Increase, so do Fears of Price-Gouging
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.