| Marshall Dennehey

Florida appellate decision alters how the business judgment rule may be used when defending condo associations and their officers and directors.

April 1, 2022

In Florida, the business judgment rule cloaks associations as well as officers and directors of condominium and homeowners’ associations with protection from their decisions made in carrying out corporate business on behalf of the association. Case Law Alerts, 1st Quarter, Apri

Third-Party claims for common-law contribution and indemnification are not cognizable where the underlying claim seeks to hold the defendant liable for its own conduct and the claim is for economic loss seeking only the contractual benefit of the bargain.

New York

Architectural, Engineering & Construction Defect Litigation

April 1, 2022

In March 2014, the plaintiff retained the defendant Branded Concept Development, Inc. as project manager to oversee the renovation of premises where it planned to relocate its business. Case Law Alerts, 1st Quarter, Apri

On claim for delay damages, existence of no-damage-for-delay clause in construction agreement is insufficient to establish entitlement to dismissal where conduct or conditions were not contemplated at time of contractor’s bid.

New York

Architectural, Engineering & Construction Defect Litigation

April 1, 2022

The plaintiff-contractor sought to recover damages for breach of a construction contract for the renovation of a school, alleging that the defendant impeded, interfered with and delayed the plaintiff’s work, made excessive and untimely changes to Case Law Alerts, 1st Quarter, Apri

Where there is privity, or its functional equivalent, statute of limitations begins to run on claim against contractor upon completion of work.

New York

Architectural, Engineering & Construction Defect Litigation

April 1, 2022

The plaintiffs commenced this action in 2018 to recover for fire damage to their home allegedly caused by an improperly installed fireplace. Case Law Alerts, 1st Quarter, Apri

Can spoliation sanctions be imposed for failing to submit to physical examination prior to undergoing surgery on body part allegedly injured by defendant’s tortious conduct?

New York

Premises & Retail Liability

April 1, 2022

The First Department answered a legal question trial courts have been wrestling with for the past few years: Can spoliation sanctions be imposed on a plaintiff who fails to submit to a physical examination prior to undergoing surgery on a body par Case Law Alerts, 1st Quarter, Apri

“Furnish” under FCRA describes “active transmission of information to a third-party rather than a failure to safeguard the data.” Information stolen from defendant is not furnished within meaning of FCRA.

Mount Laurel

Consumer Financial Services Litigation

Class Action Litigation

April 1, 2022

The New Jersey District Court’s recent opinion in this case involved a motion filed by Horizon Healthcare Services, Inc. to dismiss the amended putative class action complaint filed by the plaintiffs. Case Law Alerts, 1st Quarter, Apri

Florida increases minimum wage.

Fort Lauderdale

Employment Law

April 1, 2022

On September 30, 2022, the minimum wage will increase to $11.00 per hour. This comes after Florida’s minimum wage increased to $10.00 per hour on September 30, 2021 ($6.98 for tipped employees). Case Law Alerts, 1st Quarter, Apri

FL Legislature amends Florida Civil Rights Act, limits how workplaces and classrooms around state handle discussions related to race and gender issues.

Fort Lauderdale

Employment Law

April 1, 2022

In March, Florida’s legislature passed a bill that specifically targets employers who include training on critical race theory or racism, banning any training or credentials courses that attempt to teach “an individual’s moral character or status Case Law Alerts, 1st Quarter, Apri

Injury caused by alleged “short stop” does not automatically confer negligence onto common carrier unless there is objective evidence that stop was “unusual and violent.”

Westchester

Trucking & Transportation Liability

April 1, 2022

Plaintiffs often seek to exploit the standard classification of a “non-negligent passenger” to assert liability against the common carrier. Case Law Alerts, 1st Quarter, Apri

Question of whether student justifiably relied on school’s representation that it was safe to walk to remote parking location was province of the jury.

Westchester

Automobile Liability

School Leaders' Liability

April 1, 2022

A college sports team was required to walk down a dark street with no sidewalks to reach the parking facility after practices, which ended late in the evening. Case Law Alerts, 1st Quarter, Apri

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