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  • Estate of Dunmore v. Pleasantville Bd. of Educ.

    Publication Date: 2022-02-07
    Practice Area: Wrongful Death
    Industry: Education
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff: Benjamin H. Zieman argued the cause for appellant (Anderson & Shah, LLC, attorneys; Roshan D. Shah, of counsel and on the briefs; Erin Donegan, on the briefs)
    for defendant: Richard A. Stoloff
    Case Number: A-4314-19; A-4451-19

    TCA Notice Period for Parent's Derivative Tort Claim Tolled Until Child Noticed Their Tort Claims

  • Estate of Dunmore v. Pleasantville Bd. of Educ.

    Publication Date: 2022-01-20
    Practice Area: Wrongful Death
    Industry:
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-4451-19

    Defendant appealed from the declaratory judgment of the trial court finding plaintiff's Tort Claims Act claim to have been timely filed.

  • Wilhelm v. Ryder Logistics & Transp. Solutions

    Publication Date: 2021-07-12
    Practice Area: Employment Compliance
    Industry: State and Local Government | Transportation
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff: Robert A. Petruzzelli (Jacobs, Schwalbe and Petruzzelli, PC, attorneys; Robert A. Petruzzelli, on the briefs)
    for defendant: Cheryl B. Kline, Deputy Attorney General (Gurbir S. Grewal, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Cheryl B. Kline, on the briefs); Walter F. Kawalec, III (Marshall Dennehey Warner Coleman & Goggin, PC, attorneys, join in the brief of respondent Second Injury Fund); Kelly A. Grant (Malamut and Associates, LLC, attorneys; Kelly A. Grant, of counsel and on the brief); Dominick Fiorello (Styliades & Jackson, attorneys; Dominick Fiorello, on the brief); Susan Stryker (Bressler, Amery & Ross, PC, attorneys; Susan Stryker and Michael J. Morris, of counsel and on the brief)
    Case Number: A-3770-18; A-3792-18; A-3797-18; A-3798-18

    Reverse Offset States Exempted from Federal Requirement to Undertake Triennial Redetermination of Combined Benefits Recipients' Average Earnings

  • Int'l B'hood of Electrical Workers Local 400 v. Borough of Tinton Falls

    Publication Date: 2021-07-05
    Practice Area: Land Use and Planning
    Industry: Construction | Federal Government | State and Local Government
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff: Matthew B. Madsen (O'Brien, Belland & Bushinsky, LLC, attorneys; Mark E. Belland and Matthew B. Madsen, on the briefs)
    for defendant: Scott W. Kenneally (Starkey, Kelly, Kenneally, Cunningham & Turnbach, attorneys; Scott W. Kenneally, on the briefs); Patrick D. Tobia (Gordon Rees Scully Mansukhani, LLP, attorneys; Patrick D. Tobia, of counsel and on the briefs; Izik L. Gutkin, on the brief); Laura M. Kessler (Sills Cummis & Gross, PC, attorneys; Joshua N. Howley and Laura M. Kessler, of counsel and on the briefs)
    Case Number: A-3565-19

    State Court Lacked Jurisdiction over Union's Complaint to Enforce Local and State Regulations on Construction Project on Federal Property

  • Wilhelm v. Ryder Logistics & Transp. Solutions

    Publication Date: 2021-06-21
    Practice Area: Employment Litigation | Labor Law
    Industry:
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-3798-18

    Petitioners appealed from the orders of the trial court denying their requests for redetermination of their combined awards of workers' compensation disability benefits and Social Security disability benefits.

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  • Int'l Bhd. Of Elec. Workers Local 400 v. Borough of Tinton Falls

    Publication Date: 2021-06-15
    Practice Area: Government | Labor Law
    Industry:
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-3565-19

    Plaintiffs appealed from the dismissal of their complaint for lack of jurisdiction, failure to join an indispensable party, and failure to state a claim.

  • Tarta Luna Props. LLC v. Harvest Rest. Group LLC

    Publication Date: 2021-02-15
    Practice Area: Landlord Tenant Law
    Industry: Food and Beverage | Real Estate
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff: Joseph P. LaSala (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Joseph P. LaSala, of counsel and on the briefs; George C. Jones, on the briefs)
    for defendant: Sheppard A. Guryan (Lasser Hochman, LLC, attorneys; Sheppard A. Guryan and Bruce H. Snyder, of counsel and on the briefs)
    Case Number: A-4994-18T3

    Trial Court Erred in Awarding Landlord Counsel Fees Not Authorized by the Lease or Statute

  • Tarta Luna Props., LLC v. Harvest Rest. Group LLC

    Publication Date: 2021-01-28
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-4994-18T3

    Defendants appealed from the trial court's award of counsel fees to plaintiffs.

  • Hager v. M&K Constr.

    Publication Date: 2020-01-27
    Practice Area: Labor Law
    Industry: Construction
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff: Matthew Gitterman (Biacamano & DiStefano, attorneys; James E. Santomauro, on the briefs)
    for defendant: Victor B. Matthews
    Case Number: A-0102-18T3

    Ordering Workers' Compensation Reimbursement of Medical Marijuana Did Not Violate Federal Law Where Employer Would Not Possess or Distribute Marijuana

  • State v. Wyles

    Publication Date: 2020-01-20
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Currier
    Attorneys: For plaintiff: Linda Anne Shashoua, Special Deputy Attorney General/Acting Assistant Prosecutor (Jill S. Mayer, Acting Camden County Prosecutor, attorney; Linda Anne Shashoua, of counsel and on the brief)
    for defendant: Jack J. Lipari (Helmer Conley & Kasselman, PA, attorneys; Jack J. Lipari, of counsel and on the brief)
    Case Number: A-0702-19T4

    Trial Court Erred in Reviewing and Redacting Witness Statement Obtained by Defendant for Inculpatory Material