Category Archives: General
The Application of the Statute of Limitations and Legal Malpractice Cases – A Nationwide Examination
The following is a nationwide examination of the Statute of Limitations as it applies to Legal Malpractice cases. “Legal-malpractice suits are grounded in the tort of negligence.” See McGrogan v. Till, 167 N.J. 414, 425, 771 A.2d 1187, 1193 (2001)(citing Grunwald, supra, 131 N.J. at 492, 621 A.2d 459; Lieberman v. Employers Ins. of Wausau, 84 N.J…. Read More »
Cyber Coaching in the Age of Cyber Breaches
It appears as though cyber breaches have become more commonplace, as there is no shortage of such events in the news. Just recently, it was reported that the cellphone carrier T-Mobile suffered a massive data breach, wherein hackers stole data of over 40 million people.[1] Similarly, insurance firms Tokio Marine and Ryan Specialty just… Read More »
Product Liability Defense Implications In Ford Motor Company v. Montana Eighth Judicial District Court, Et Al.
Product Liability Defense Implications in Ford Motor Company v. Montana Eighth Judicial District Court, Et Al. In product liability lawsuits, when can specific jurisdiction allow a plaintiff to file a product liability claim in that plaintiff’s home state even when the company does not have any clear contacts within that state? This is a… Read More »
How Employers Can Prevent Discrimination Complaints
How Employers Can Prevent Discrimination Complaints Employers in New Jersey and Pennsylvania will deal with a wide variety of employee issues in the course of running a business, including issues pertaining to alleged discrimination in the workplace. Yet it is essential for employers to know that there may be ways to prevent employment discrimination… Read More »
September 2020 Newsletter
The Latest Trends in Business Interruption Coverage Litigation as a Result of COVID-19 By Thomas Paschos, Esq. Insurers have scored a number of favorable decisions around the country involving “business interruption” claims. The scorecard is not perfect though, and with over a thousand filings, and decisions on defendants’ Motions to Dismiss coming down daily,… Read More »
A New Pandemic; COVID-19 Lawsuits Target Colleges and Universities.
By Thomas Paschos, Esq. Even before local and state authorities issued stay at home and suspension of business orders, Colleges and Universities around the country canceled in-person classes and directed students to vacate dormitories. Suddenly the college experience became virtual. Classes resumed over webcasts, seniors logged into their commencement ceremonies, downloaded their diplomas, and… Read More »
The New Shape of Litigation in Business Interruption Claims and Lawsuits as a Result of COVID-19 Pandemic.
Restaurants were some of the first businesses directed by civil authorities to suspend or limit operation, the first businesses to receive a hard denial of “interruption of business” claims, and their framing of recently filed complaints gives the best illustration of the shape of litigation to come from the myriad of businesses not far… Read More »
Withdrawal of Arbiter Without Replacement Mechanism Voids Dispute Resolution Agreement
Capparelli v. Lopatin The appellate division of the New Jersey Superior Court recently issued a decision in Capparelli v. Lopatin. The court concluded that a lack of a replacement mechanism for an arbiter who had withdrawn from serving in that capacity in a dispute resolution as called for by the arbitration agreement, voiding the… Read More »
What is New with Arbitration Agreements? Answer: Lamps Plus, Inc. v. Varela-A U.S. Supreme Court Decision.
Recently, On April 24, 2019, the U.S. Supreme Court issued its ruling in Lamps Plus, Inc., v. Varela. The Court concluded that, under the Federal Arbitration Act, an ambiguous agreement could not provide a sufficient contractual basis to compel class arbitration between an employer and an employee. The respondent in the case, Frank Varela,… Read More »