An Ocean County judge accused of breaching judicial ethics by inappropriately touching and making sexually suggestive remarks to female probation officers at a holiday party has filed an answer to the charges. While he says he is embarrassed and mortified, he claims that he has no recollection of the incident- but that if it did happen it was the result of drinking too much.
In Seals v. County of Morris , the New Jersey Supreme Court held that Jersey Central Power & Light was not immune from liability for its negligent placement of an electrical pole. The Court held that if a government entity directed the utility where to place the pole, then N.J.S.A. 48:3-17.1 conferred immunity on the utility. However, where there is no governmental dictate or order , as in...Read More
In New York’s Appellate Division, First Department, forget precedent, the key is getting the right Court panel. In Maniscalco v. New York City Transit Auth., the plaintiff, a pedestrian, was struck by the defendant’s side-view mirror, as she crossed the street within the crosswalk with the light in her favor. The plaintiff moved for and was granted summary judgment by the Supreme...Read More
The Atlantic County Superior Court in New Jersey has joined a list of courts that the American Tort Reform Foundation finds the least favorable for lawsuit defendants in plaintiff’s tort claims. It joins Clark County , Nevada as a newcomer to the ” judicial hellhole” list prepared by the foundation. Atlantic County was found to be plaintiff friendly for mass tort claims...Read More
Wayne Watson has filed suit against Kroger Co. in U.S. District Court in Denver claiming injury from the buttery flavor added to microwave popcorn. Watson generally eats 2 bags of microwave popcorn a day and has been diagnosed with bronchiolitis obliterans, also known as “popcorn lung”. The vapor from the chemical , diacetyl, which is used to provide the butter flavor to microwave...Read More
Jones Day lawyers are defending a $2 billion dispute and had argued that an adverse witness was unprepared for a deposition that lasted 14 hours. The lawyers were seeking an additional 7 hours of time to depose- the same witness.
While U.S. District Judge Beverly Martin granted an additional 4 hours time, she included a footnote in her Order pointing to a joke from the Woody Allen movie,...Read More
The New York State Court Of Appeals unanimously affirmed the removal of Judge Robert Restaino, who jailed 46 people in his courtroom after no one would own up to a ringing cell phone. After the cell phone rang during the Court session, Judge Restaino called each defendant in the courtroom before him and ordered them into custody when they denied knowledge of the cell phone.
The Court of...Read More
In Cassini v. Soussou, the Appellate Division ruled that an injured driver could not recover from an excess policy purchased by the son of the defendant, due to an exclusion denying coverage when use of a family member owned vehicle other than the named insured’s ” covered auto” was involved. The Court found the exclusion to be unambiguous, and that excluding coverage for a...Read More
In Butterfield v. Lucas Electric, the appellate division affirmed the dismissal of plaintiff’s claim for emotional distress arising out of her observing her 16 month old son falling into a 10 foot deep hole dug by the defendant. The boy was extricated from the hole 12 minutes later and was determined to have superficial abrasions and contusions only. The Court agreed that plaintiff had...Read More
In Acri v. Hilton, the Appellate Division reversed summary judgment to several defendants who had served alcohol to the underage plaintiff. The trial court had found that the evidence would not support a finding of proximate cause between plaintiff’s intoxication and her accident when she fell off the back of an ATV. On appeal , plaintiff argued that she would not have hopped on the back...Read More