by Colleen HayesAugust 7, 2020 Consumer Fraud Act, NJ Tort Claims Act, New Jersey, Of Interest, Product Liability0 comments
Consumer Fraud Act Claim or a Product Liability Claim? NJ Supreme Court Says Why Not Both? (NJ)
In Sun Chemical Corporation v. Fike Corporation, the Supreme Court grappled with the issue of whether a New Jersey Consumer Fraud Act claim can be based on a claim that is also actionable under the New Jersey Product Liability Act. Sun Chemical Corporation purchased an explosion isolation and suppression system from Fike Corporation to prevent and contain explosions in its new dust collection...Read More 0
by Vincent TerrasiJuly 30, 2020 Workers Compensation, Indemnification, Coverage, Insurance, Litigation, New Jersey, Of Interest, Subrogation0 comments
Made-Whole Doctrine Does not Apply to Deductibles or Self-Insured Retentions (NJ)
The Supreme Court of New Jersey recently determined that the made-whole doctrine does not apply to first-dollar risk allocated to the insured. In City of Asbury Park v. Star Insurance Company, the plaintiff filed a declaratory judgment action against a workers’ compensation insurer seeking determination that it was entitled to full reimbursement before the insurer could assert subrogation...Read More 0
The Show Must Go On: New Jersey State Bar Association Releases Report to Help NJ State Courts Resume Jury Trials Amidst Pandemic
As we head into the fifth month since the COVID-19 pandemic halted court operations, the New Jersey State Bar Association released a report and recommendations for the resumption of jury trials in the New Jersey courts. The report released in early July was created to help New Jersey courts restart jury trials in a way that will keep all participants healthy and safe, while accommodating and...Read More 0
by Robert J. CosgroveJuly 16, 2020 Litigation, New Jersey, News & Events, Product Liability0 comments
WCM Obtains Dismissal of NJ Products Liability Lawsuit.
Partner Bob Cosgrove and Counsel Matt Care successfully obtained a with prejudice dismissal of a products liability lawsuit in federal court in Newark, New Jersey. In the case of Elizabeth Kean, et al. v. Cedar Works, et al., the plaintiff alleged that, when she was a child, she fell from a defective swing set in her backyard onto her head. She claimed that the fall caused a traumatic brain...Read More 0
by Vincent TerrasiJuly 2, 2020 Expert Witnesses, Civil Procedure, Motion Practice, Dog Bites, Litigation, Negligence, New Jersey, Of Interest0 comments
Dogs Will Be Dogs – Posted Rules at Dog Run Merely a Suggestion? (NJ)
In Freed v. Bastry, the New Jersey Superior Court, Appellate Division, considered whether park guidelines for an off-leash dog area imposed a duty upon dog owners to other park goers in the off-leash dog area. The case arose after Defendants’, Linda and Frank Bastry (the “Bastrys”), over-eager, male golden retriever ran into the plaintiff, Janet Freed (“Freed”), during playtime with Freed’s...Read More 0
New Jersey Courts Enter Phase 2 (NJ)
On Monday, June 22nd, the New Jersey Courts transitioned to Phase 2 of their re-opening plan. During Phase 2, a small number of judges and staff have returned to court for certain matters that cannot be handled remotely. However, most civil proceedings will continue to be handled remotely at this time, including case management conferences, arbitrations, court-ordered mediation, and motion...Read More 0
NJ District Court Provides Useful Coverage Analysis in Pizza Crust Litigation (NJ)
In Conte’s Pasta v. Republic Franklin Insurance Company, Judge Reneé Bumb of the District Court of New Jersey expertly weaved through differing allegations levied against an insured in determining whether its insurer owes a duty to defend. The court’s holding resulted in Republic Franklin Insurance Company (“RFI”) owing a duty to defend Conte’s Pasta in the underlying action. However,...Read More 0
Governor Murphy has Re-Opened More Businesses Amid COVID-19 (NJ)
On May 13, 2020, Governor Murphy stated that New Jersey will allow more businesses to re-open. This declaration comes as the Governor said he plans to provide hard dates for restarting New Jersey’s economy. The Governor is allowing non-essential retail stores to conduct online pickup and phone/internet ordering. In addition, non-essential construction is now allowed to resume. Gatherings of...Read More 0
A “Legal Obligation” to Pay Requires a Legal Action Against You (NJ)
The New Jersey Appellate Division, in the context of an insurance coverage dispute, recently held that where the insured sought reimbursement for payments made to its landlord for damage to property, coverage was not triggered because a legal obligation to pay cannot arise absent a legal judgment. In Churchill Corp. Svc, Inc. v. Rockhill Insurance Co., et al., the Appellate Division recently...Read More 0
by Vincent TerrasiMay 7, 2020 rain, snow, Motion Practice, Litigation, Negligence, New Jersey, Of Interest, Premises Liability, Property, Trial Practice0 comments
New Atmosphere for Ongoing-Storm Rule (NJ)
Recently, in Pareja v. Princeton International Properties, the New Jersey Appellate Court analyzed whether the ongoing-storm rule applies in New Jersey. One winter day at 7:50 a.m., the plaintiff, Angel Alberto Pareja (“Parejca”), was walking from his car to the defendant, Princeton International Properties’ (“Princeton”) property (“Property”) when he slipped and fell on black ice after...Read More 0