Publications
Volunteering to maintain a park does not establish ownership or control for liability for injury from tree.
The plaintiff’s action for injury—a tree limb fell on her at a little league game—was dismissed as she failed to establish: (1) sufficient injuries pursuant to t
Case Law Alerts, 3rd Quarter, July 202
Creative effort at class action for gym initiation fees fails in New Jersey.
The plaintiff, an individual who signed up for a fitness membership, brought a class action suit under the Retail Installment Sales Act (RISA), N.J.S.A.
Case Law Alerts, 3rd Quarter, July 202
Sponsorship does not equal control.
The plaintiff attempted to sue Reebok under a theory of premises liability and negligent selection of premises theories for an alleged dangerous condition that c
Case Law Alerts, 3rd Quarter, July 202
Detailed pleadings of the fraud required to survive a motion to dismiss for lack of sufficient particularly.
The plaintiffs filed suit against the defendants seeking reimbursement of paid bills allegedly submitted through fraudulent no-fault insurance charges.
Case Law Alerts, 3rd Quarter, July 202
Commercial landowner may have duty to take reasonable steps to render public walkway reasonably free of snow and/or ice during ongoing storm, despite previously applied on-going storm rule.
The plaintiff appealed the trial court’s application of the on-going storm rule, which provided that a commercial property owner had no duty to
Case Law Alerts, 3rd Quarter, July 202
Expert materials disclosed must satisfy Rule 26(b)(4) requirements.
In this personal injury matter, the defendant filed a motion in limine to exclude the plaintiff’s two treating doctors from testifying at trial.
Case Law Alerts, 3rd Quarter, July 202
Where snow and ice maintenance responsibility is fully delegated from commercial landlord to tenant under a lease, commercial landowner is shielded from slip-and-fall liability as a matter of law.
The plaintiff fell on black ice in a parking lot leased by private owners to the Borough of Caldwell.
Case Law Alerts, 3rd Quarter, July 202
Homeowner injured in common area of a community was to be treated as licensee, not invitee.
The plaintiff was injured after falling on branches on steps in a common area leading to her townhouse at a mixed townhome/single-family home community known as Indian King.
Case Law Alerts, 3rd Quarter, July 202
SCOTUS concludes that a charter party’s safe-berth clause constituted an absolute safety warranty.
The United States Supreme Court recently held that a safe-berth clause in a voyage charter party created an express warranty of a vessel’s safety, not simply a d
Case Law Alerts, 3rd Quarter, July 202
Court grants summary judgment to defendant where the location of plaintiff’s fall was clearly defined in a lease agreement as a common area, outside of defendant’s leased premises.
The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport.
Case Law Alerts, 3rd Quarter, July 202