Michael Mitrovic, Esquire joins Cooper Levenson

Cooper Levenson is pleased to announce that attorney Michael Mitrovic has joined the firm as Of Counsel to the Insurance Defense Litigation Practice Group. “Mike is an accomplished attorney and a recognized insurance industry executive. He has held positions of the highest level in global insurance companies, and his significant knowledge in the areas of … Continue reading “Michael Mitrovic, Esquire joins Cooper Levenson”

Can Your Arbitration Forum Impact Your Case Outcome?

By Daria B. Janka, Esquire On March 14, 2018 , the New Jersey Superior Court, Appellate Division, decided the matter of State Farm Guaranty Insurance Company v. Hereford Insurance Company et. al., docket No. A-3749-16T3. There, the Court interpreted the language of the New Jersey Arbitration Act, N.J.S.A. 2A:23B-3, and directed that where there is … Continue reading “Can Your Arbitration Forum Impact Your Case Outcome?”

When does the six year Statute of Limitations begin?

By Carmelo T. Torraca and Elizabeth A. Kaufman On September 14, 2017, in The Palisades at Fort Lee Condo Ass’n v. 100 Old Palisade, LLC, 2017 N.J. Lexis 845,  the Supreme Court of New Jersey reversed and remanded to the trial court the Appellate Divisions decision in Palisades at Fort Lee Condo Ass’n v. 100 … Continue reading “When does the six year Statute of Limitations begin?”

Random Acts of Violence Exclusion to the Negligent Security Claim

Since 1997, New Jersey has shifted its standards for determining a property owner’s duty to a victim of a crime on its property to the much broader “totality of the circumstances.” In Clohesy v. Food Circus Supermarkets, Inc., the New Jersey Court adopted the totality of the circumstances analysis as set forth in the Restatement … Continue reading “Random Acts of Violence Exclusion to the Negligent Security Claim”

Elizabeth A. Kaufman, Esq. Joins Cooper Levenson

Attorney Elizabeth A. Kaufman has joined the Defense Litigation Practice Group at Cooper Levenson. Kaufman will work in the firm’s Atlantic City and Cherry Hill offices. “Elizabeth’s experience in a wide variety of defense litigation matters will ideally complement the Cooper Levenson team,” said Kenneth J. Calemmo, chief operating officer of Cooper Levenson. Kaufman came … Continue reading “Elizabeth A. Kaufman, Esq. Joins Cooper Levenson”

Appellate Court of New Jersey approved for publication an appeal filed by Ronald G. Lieberman on Dec 5, 2016

In sum, the Appellate Division held that regardless of the parties’ agreement for a final restraining order to continue, if it was void from the start, it was void for settlement purposes. Thus, the Appellate Division agreed with me that judges must find that an act of domestic violence occurred and that victim needs protection … Continue reading “Appellate Court of New Jersey approved for publication an appeal filed by Ronald G. Lieberman on Dec 5, 2016”

A REVIEW OF NOONE v. AKSHAR LACKAWANNA STATION HOSPITALITY, L.P.: APPELLATE COURT UPHOLDS SUMMARY JUDGMENT MOTION IN A NEGLIGENT SECURITY MATTER WHERE PLAINTIFFS ARE DEEMED TRESPASSERS

By: Carmelo T. Torraca, Esquire On August 19, 2016, in the unpublished decision of Noone v. Akshar Lackawanna Station Hospitality, L.P.[1], the Superior Court of Pennsylvania, Appellate Division, upheld the Trial Court’s granting of a summary judgment motion in a negligent security/victim’s rights claim. The rationale expressed by the Court is that the business invitee … Continue reading “A REVIEW OF NOONE v. AKSHAR LACKAWANNA STATION HOSPITALITY, L.P.: APPELLATE COURT UPHOLDS SUMMARY JUDGMENT MOTION IN A NEGLIGENT SECURITY MATTER WHERE PLAINTIFFS ARE DEEMED TRESPASSERS”

A REVIEW OF CERRETA v. RED ROOF INNS, INC.: A BED BUG-FREE HOTEL ROOM IS A DUTY IMPOSED BY SOCIETY

By: Carmelo T. Torraca, Esquire In Cerreta v. Red Roof Inns, Inc.[1], the United States District Court for the Middle District of Pennsylvania decided on September 6, 2016, that an allegation for punitive damages against the Red Roof Inn can withstand a motion to dismiss and requires additional discovery. In this case, Plaintiff was scheduled … Continue reading “A REVIEW OF CERRETA v. RED ROOF INNS, INC.: A BED BUG-FREE HOTEL ROOM IS A DUTY IMPOSED BY SOCIETY”

New Jersey Supreme Court Finds General Contractor/Developer Liability Coverage Exists for a Subcontractor’s Faulty Workmanship

On August 4, 2016, a unanimous New Jersey Supreme Court determined that water damage caused by a subcontractor’s faulty workmanship constitutes “property damage,” and an “occurrence” under the general contractor/developer’s general liability insurance policy. In Cypress Point Condominium Association v. Adria Towers, LLC,  the Condominium Association sued its developer/general contractor for damages. The Condominium Association … Continue reading “New Jersey Supreme Court Finds General Contractor/Developer Liability Coverage Exists for a Subcontractor’s Faulty Workmanship”

Coverage denied in tanning salon negligent security claim

  STEADFAST INSURANCE COMPANY v. TONY TOMEI T/A/ SUNKISSED TANNING & SPA, ET AL. 2016 Pa. Super. Unpub. LEXIS 1864 On May 24, 2016, the Appellate Division affirmed the Westmoreland County Court of Common Pleas’ granting of summary judgment to Steadfast Insurance Company (“Steadfast”) and Nationwide Property & Casualty Insurance (“Nationwide”) declaring that those companies … Continue reading “Coverage denied in tanning salon negligent security claim”