COURT DENIES GANGLAND SHOOTING AS THE RESPONSIBILITY OF THE PROPERTY OWNER GAS STATION

When New Jersey Courts interpreted Victim’s Rights/Negligent Security actions using the “totality of the circumstances” standards, the chances of obtaining a summary judgment on these claims decreased significantly. However, in the appropriate case with the appropriate facts, courts have been granting these motions, especially where there are both superseding circumstances and a lack of duty … Continue reading “COURT DENIES GANGLAND SHOOTING AS THE RESPONSIBILITY OF THE PROPERTY OWNER GAS STATION”

A REVIEW OF JOHNSON v. OYR REALTY PARTNERS, LP, 2015 U.S. Dist. LEXIS 160721

On November 30, 2015, the United States District Court for the Eastern District of Pennsylvania granted a motion for summary judgment to a series of Defendants in a negligence security claim under the basis that it was able to transfer the responsibility for maintenance, repair, replacement, and security to a Condominium Association. It was also … Continue reading “A REVIEW OF JOHNSON v. OYR REALTY PARTNERS, LP, 2015 U.S. Dist. LEXIS 160721”

Homeowners and Home Improvement Contractors: Know Your Rights and Obligations

Homeowners and Home Improvement Contractors: Know Your Rights and Obligations Anyone who has hired a contractor knows there are rules that must be followed, whether obtaining permits, a certificate of occupancy or Planning Board approval. Did you know there are laws that specifically protect rights of homeowners by requiring that home improvement contractors abide by … Continue reading “Homeowners and Home Improvement Contractors: Know Your Rights and Obligations”

SURVEILLANCE IS STILL A POWERFUL TOOL IN DEFENDING A CAUSE OF ACTION

On September 3, 2015, the Appellate Court reversed the law decision judge who required the production of surveillance video to plaintiff’s counsel before plaintiff testified at a deposition. The Court acknowledges that in overruling a Trial Court’s discovery decision, it must utilize a difficult abuse of discretion standard. Such was the case here when reviewing … Continue reading “SURVEILLANCE IS STILL A POWERFUL TOOL IN DEFENDING A CAUSE OF ACTION”

Alas, A New Jersey State Court Fixes Fees

The case of Jusino v. Lapenta, decided on May 23, 2014, was approved for publication on August 26, 2015. In the above case, a motor vehicle accident led to a lawsuit where a Board Certified Neurosurgeon treated the Plaintiff and defense counsel wanted his discovery deposition. The expert set his fee at $1,000.00 per hour with … Continue reading “Alas, A New Jersey State Court Fixes Fees”

Appellate Division of NY Rejects Mosh Pit Injury Claim

Author: Carmelo (Tony) Torraca, Esq. Increasing numbers of lawsuits are filed by concertgoers claiming injury from either intended or unintended involvement in “mosh” dancing. The phenomena occurs at many concert venues where, because of the type of music, and sometimes at the request of the bands, moshing is expected to occur. While there are no … Continue reading “Appellate Division of NY Rejects Mosh Pit Injury Claim”

Expansion of Mall Duties to Third Party Criminal Acts

Date: 12/18/2014 Publication: Website CooperLevenson Publication: Website Summary: The Superior Court of Pennsylvania recently overturned a Court of Common Pleas ruling which had granted summary judgment in favor of the Steamtown Mall in a case involving an assault which occurred in the Mall’s parking lot. The claim was brought by Sharon Young, who was employed … Continue reading “Expansion of Mall Duties to Third Party Criminal Acts”

Insurance Law Podcast Discusses Third-Party Bad Faith Claims in New Jersey

A.M. Best has released the latest installment of the Insurance Law Podcast, a series that examines timely insurance issues from an attorney’s point of view. This episode features attorney Brian Barr from the law firm of Cooper Levenson, P.A. in Atlantic City, New Jersey. Mr. Barr, a partner in the firm’s defense litigation practice group, … Continue reading “Insurance Law Podcast Discusses Third-Party Bad Faith Claims in New Jersey”

New Jersey Appellate Division Rules Homeowners Association Immune From Tort Liability For Failure to Clear Snow and Ice

Date: 10/22/2014 CooperLevenson Publication: Article: Summary: Following an earlier New Jersey Supreme Court decision holding that a residential condominium association was immune from liability for claims involving the association’s alleged failure to maintain a public sidewalk located adjacent to the association’s property (Luchejko v. City of Hoboken), a New Jersey Appeals Court recently extended the … Continue reading “New Jersey Appellate Division Rules Homeowners Association Immune From Tort Liability For Failure to Clear Snow and Ice”

Who Was the General Contractor For This Residential Project?

On October 2, 2014, the Appellate Division of the New Jersey Superior Court issued an opinion on the issue of whether a husband and wife, as New Jersey property owners, were general contractors during the course of construction of a new home. [Michael Keefe v Center Street Builders, Inc] Lawrence and Wendy Wilt (“the Wilts”), … Continue reading “Who Was the General Contractor For This Residential Project?”