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Appellate Division, First Department: May 15, 2023
Publication Date: 2023-05-15
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals List released on: May 11 and Motions released on: May 10 & 11, 2023

May 10, 2023 | New Jersey Law Journal

Carving Out 'American Rule' Exception, NJ Appeals Court Upholds Fee Award as Damages Against Law Firm

"It stands to reason that the prevailing party should be able to recover those attorney's fees reasonably attributable to its prosecution of claims against the third party within a single action," Judge Morris G. Smith said. "A plaintiff should not have to file two lawsuits, one against the party that breached the contract, and a separate one against the tortfeasor, to recover attorney's fees against the tortfeasor in an action for damages to enforce a non-compete agreement."
5 minute read
May 09, 2023 | New Jersey Law Journal

Gibbons Representing Columbia Bank in Suit Over Severance

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
May 05, 2023 | New Jersey Law Journal

Alternative Treatment Center Applicants Lose Appeal of Cannabis Regulatory Commission Denial

"When considering appellants' due process arguments in these appeals, the question is whether the procedures initiated by DOH and completed by the CRC complied with our intentionally general mandate that it address the scoring anomalies and appellants' complaints," the opinion said. "We find they did."
5 minute read
May 04, 2023 | The Legal Intelligencer

Court Awards $1.2M Judgment Against Spa Over Botched Injections

A northeastern Pennsylvania spa has been hit with a $1.25 million default judgment for botched chin injections that were administered by a nurse who was practicing with a suspended license.
4 minute read
Law Journal Press | Digital Book New York Employment Law 2023 Authors: Daniel A. Cohen, Joshua Feinstein View this Book

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May 01, 2023 | New Jersey Law Journal

Bar Report - May 1, 2023

The NJSBA's weekly report.
7 minute read
April 28, 2023 | New Jersey Law Journal

Gibbons and Schenck Price Enter Passaic River Environmental Litigation

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
April 24, 2023 | New Jersey Law Journal

Clear and Unequivocal Pay-If-Paid Provision in Construction Contract Establishes Precondition to Payment Between Contractor and Subcontractor

A pay-if-paid clause in a construction contract provides that a subcontractor will be paid by the general contractor only if the owner pays the general contractor for the subcontractor's work.
7 minute read
April 19, 2023 | New York Law Journal

Robinson & Cole Adds Three Partners in NYC

Manhattan expansion follows the opening of an office in Washington, D.C., and naming Anna Jinhua Wang partner in charge in New York.
3 minute read
March 30, 2023 | New Jersey Law Journal

Appellate Division Holds Solo Lawyer's Emails With ASA Are Protected by Litigation Privilege

"[R]egardless of what Wiesner said to the ASA and the level of his involvement in fashioning the email to the Law Division, an absolute litigation privilege applied," the opinion said.
5 minute read

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