On May 11, 2016, Congress signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating the first private cause of action for civil trade secret misappropriation (theft or unauthorized use) under federal law. Federal law already provided a private civil cause of action for 3 of the 4 forms of intellectual property: patent, […]
New Jersey Revamps Its Offer of Judgment Rule When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment? Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk? Winning Attorneys’ Fees for the Filing of Frivolous Lawsuits Recent Successful Motion to Bar Plaintiff’s Liability Expert as “Net Opinion” Resulting in Summary JudgmentThe New Jersey Offer of Judgment Rule permits any party to make an “offer to take judgment” either in the party’s favor (if a plaintiff) or against the offeror (if a defendant). The rationale for this rule is to encourage and facilitate a settlement because of the consequences of non-acceptance of the offer. Pursuant to […]
In 2016, the plaintiff Juan Guiterrez-Ganan was injured in an auto accident when his car was struck by a car driven by an underinsured motorist. Plaintiff sued his automobile insurance company, defendant Allstate Insurance Company, to collect underinsured motorist benefits for his claimed injuries and losses from the automobile accident. The issue in Guiterrez-Ganan v. […]
The plaintiff Bridgett Knight alleged that she slipped and fell near the exit door of the defendant Family Dollar Stores as a result of liquid that she claimed emanated from a bottled beverage located in a self-service refrigerator near the cash register. The plaintiff contended that the mode of operation doctrine should apply to this […]
Plaintiff’s deceased husband Bernard Waddell contracted COVID-19 in March 2020 while he was working as a Corrections Officer at the Hudson County Correctional Center. He died from viral pneumonia secondary to COVID-19 on April 1, 2020. Plaintiff, Sheliah Waddell, Bernard’s wife filed a Notice of Tort Claim in November 2020 and thereafter filed a motion […]
The New Jersey Supreme Court has issued a new order, concluding its order that required all participants in jury proceedings to maintain three feet of social distancing, as well as wear a mask. This order will be effective on September 1, 2022. Jurors will continue to begin their jury service virtually and, at that time, […]
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