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New Jersey Law Journal

Suits & Deals: Middlesex County Rear-End Case Yields $2 Million Settlement

By | October 17, 2016
A motorist who suffered spinal injuries that necessitated surgery in a rear-end crash was paid $2 million on Oct. 13 in a suit that settled earlier this year.
16 minute read

The Legal Intelligencer

Mongeluzzi Scores Architect as 'Clueless' in Building Collapse Questioning

The lead plaintiffs attorney in the trial over the fatal Salvation Army building collapse painted the architect tasked with being the “eyes and ears” on the fatal demolition project as “clueless,” and someone the building owners should not have relied on.
7 minute read

New York Law Journal

Stern v. Starwood Hotels and Resorts Worldwide, Inc.

By | October 17, 2016
Discovery Incomplete; Dismissal of Personal Injury Suit, Striking of Answer Denied
3 minute read

The Recorder

Wang v. Nibbelink

By | October 14, 2016
5 minute read

New York Law Journal

Judicial 'Gatekeeping' of Experts Has Impact

Complex Litigation columnist Michael Hoenig brings to light an article examining the results of two sizable studies gauging the relative effectiveness of Daubert motions challenging the reliability of proffered experts. 'Daubert v. Merrell Dow Pharmaceuticals' ushered in a robust era of judicial "gatekeeping" and required that scientific expert testimony had to be "not only relevant but reliable."
18 minute read

The Legal Intelligencer

Grable v. Phillips, PICS Case No. 16-1256 (Pa. Super. Sept. 28, 2016) (memorandum) Panella, J. (9 pages).

By | October 14, 2016
The trial court abused its discretion in ruling that appellant failed to provide appellee with actual notice of suit within the statute of limitations when the trial court contradicted appellee's concession that his co-defendant's counsel provided appellee with notice that appellant had attempted to serve appellee at co-defendant's residence. Summary judgment vacated, case remanded.
6 minute read

New York Law Journal

NYC Transit Agency Barred From Asserting Service Error When It Misled Plaintiff, Court Rules

The New York City Transit Authority misled a plaintiff in a personal injury suit into believing that serving a notice of claim on an affiliated yet separate entity was not detrimental to her case, and thus cannot use the plaintiff's failure to serve a timely notice as a defense, an appeals court ruled.
8 minute read

The Recorder

A.M. v. Ventura Unified School District

By | October 13, 2016
4 minute read

New York Law Journal

Expanding Strict Liability to Design Professionals for Excavation Damage

Paul M. Hellegers and Wojciech Jackowski, partners at Menaker & Herrmann, explore the expanding liability for damage during excavation activities, where historically only an owner/developer and the excavator were at risk of being held strictly liable. Recent case law developing in the First and Second Departments, however, has dangerously broadened the range of project participants on whom such liability may be imposed—regardless of their fault or negligence—to encompass various design professionals involved with the construction project where excavation is performed, e.g., architect of record, structural engineer, excavation engineer.
15 minute read

The Legal Intelligencer

Wise v. Hyundai Motor Co., PICS Case No. 16-1201 (C.P. Monroe Aug. 23, 2016) Williamson, J. (4 pages).

By | October 11, 2016
Passenger in a car crash was unable to extricate herself when the car caught fire. Representatives of her estate brought suit against the car manufacturer, alleging a front-bumper design defect that was responsible for decedent's inability to exit the vehicle. The manufacturer sought summary judgment on grounds that the estate did not plead a theory of liability against them, but the court found they did not effectively rebut the claim. Questions of material fact remained, and so summary judgment was not appropriate. The motion was denied and a trial date set.
4 minute read

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