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, […]
Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment? Residential Owner of Three Family Apartment Building Found Not to be Liable for Fall on Adjoining Public Sidewalk Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk? Recent Successful Motion to Bar Plaintiff’s Liability Expert as “Net Opinion” Resulting in Summary JudgmentIn an unpublished March 29, 2022 opinion in Blake v. Glavan, 2022 N.J. Super. Unpub. LEXIS 499, the Appellate Division further addressed the issue of sidewalk liability. The Court addressed the issue of the liability of both a homeowner and a municipality for an injury caused by a fall over an uneven public sidewalk. The […]
Three separate cases, each involving a separate personal injury, were appealed to the Appellate Division to decide the issue as to whether a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers “can be accompanied by a third-party to a defense medical examination (“DME”), or require that the examination be video or audio recorded […]
Plaintiff, Monica Vargas-Aguacondo, was injured in a motor vehicle accident with a Union County police car driven by defendant David Eckenrode. Plaintiff, age 60, injured her left shoulder and back in the accident. The issue in Vargas-Aguacondo v. Eckenrode & County of Union, 2022 N.J. Super. Unpub. LEXIS 682 (App. Div. Apr. 25, 2022), was […]
Plaintiff Danielle Donahue attended a Live Nation Concert at the PNC Banks Art Center (“PNC Center”), a public entertainment venue in Monmouth County. PNC Center is a partially covered, open-air amphitheater, which included lawn seating. In Donahue v. NJTPA and Live Nation Worldwide, Inc., 2022 N.J. Super. Unpub. LEXIS 559 (App. Div. Apr. 7, 2022), […]
In an interlocutory appeal, the Appellate Division considered the timeliness of plaintiff’s complaint for personal injuries arising from a June 2, 2019 motor vehicle accident. The trial court had denied the defendant’s motion to dismiss the complaint due to it not being timely filed. In Richardson v. Miller-Murden, 2022 N.J. Super. Unpub. LEXIS 573 (App. Div. […]
Betsy G. Ramos
Keith Toll
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