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May 21, 2024 | New Jersey Law Journal

Steel Cable Used for Business, Not Deterrence: Appellate Division Affirms Property Owner's Immunity in Dirt Biker's Personal Injury Case

"Applying the definitions suggested by the court in 'Krevics' to the present matter, we discern no basis in the record to conclude defendants acted maliciously or willfully in failing to lower the cable on their commercial property when plaintiff did not have defendants' express consent to operate his dirt bike on their property," Judge Lisa Rose said.
5 minute read
Origis USA LLC v. Great Am. Ins. Co.
Publication Date: 2024-05-20
Practice Area: Insurance Law
Industry: Energy | Insurance
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys:
For plaintiff: Brian M. Rostocki, Anne M. Steadman, Reed Smith LLP, Wilmington, DE; Carolyn H. Rosenberg, Reed Smith LLP, Chicago, IL; Stephen T. Raptis, Reed Smith LLP, Washington, DC for plaintiffs.
For defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Michael D. Margulies, Charles W. Strotter, Carlton Fields, P.A., New York, NY; Jennifer C. Jauffret, Puja A. Upadhyay, Richards, Layton & Finger, P.A., Wilmington, DE; Courtney E. Scott, Tressler LLP, New York, NY; Robert J. Katzenstein, Julie M. O’Dell, Smith, Katzenstein & Jenkins LLP; Kevin M. Mattessich, Kevin Windels, Kaufman Dolowich Voluck, New York, NY; Bruce E. Jameson, John G. Day, Prickett, Jones & Elliott, P.A., Wilmington, DE, James T. Sandnes, Skarzynski Marick & Black LLP, New York, NY; Krista M. Reale, Margolis Edelstein, Wilmington DE; Michael F. Perlis, Kaufman Borgeest & Ryan LLP, Woodland Hills, CA; Patrick Stoltz, Kaufman Borgeest & Ryan LLP, Valhalla, NY; Shaun Michael Kelly, Jarrett W. Horowitz, Sara A. Barry, Connolly Gallagher LLP, Wilmington, DE; James K. Thurston, Wilson Elser, Chicago, IL; Daniel E. Tranen, Wilson Elser, St. Louis, MO; Erik J. Tomberg, Wilson Elsner, Raleigh, NC; Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE; Michael J. Smith, Bryan W. Petrilla, Stewart Smith, West Conshohocken, PA; Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for defendants.
Case number: N23C-07-102

No action clause in D&O insurance policy was enforceable and precluded insured from filing legal action against the insurer until the insured's financial obligations were fixed in an underlying litigation.

May 17, 2024 | New Jersey Law Journal

Not Malpractice: Court Rules for Lawyer Who Offered Limited Representation

"We are mindful that plaintiffs in employment cases are often confronted by sophisticated attorneys and that certain employment cases are complex in nature, both factually and legally. However, there are complexities in virtually every area of the law," the appeals court said.
4 minute read
Appellate Division, First Department: May 17, 2024
Publication Date: 2024-05-17
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 & Motions List released on: May 14, 2024

Appellate Division, Second Department: May 17, 2024
Publication Date: 2024-05-17
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Downs
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdowns released between:May 13 & 15, 2024

May 14, 2024 | New Jersey Law Journal

Medical Malpractice Special Section 2024

This year's special section covers everything from the (un)likelihood of winning punitive damages, the appellate review of pain and suffering awards, and the "piercing the corporate veil" doctrine.
1 minute read
May 14, 2024 | New Jersey Law Journal

How Much Deference Makes a Difference?

"New Jersey, like most jurisdictions, applies a highly deferential standard of review and the appellate court assesses whether a damages award shocks the judicial conscience," writes Melissa Terranova, an associate with Wilson Elser.
9 minute read
Appellate Division First Department:May 13, 2024
Publication Date: 2024-05-13
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 & Motions List released on:May 9, 2024

Appellate Division, Second Department: May 10, 2024
Publication Date: 2024-05-10
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:May 8, 2024

Appellate Division, First Department: May 9, 2024
Publication Date: 2024-05-09
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 & Motions List released on: May 7, 2024

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