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Weekly Caselaw Updates

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MAC Prop. Grp. LLC v. Selective Fire and Casualty Ins. Co.

The New Jersey Appellate Division considered an issue of first impression in these six consolidated appeals: "Whether in the context of Rule 4:6-2(e) motions to dismiss with prejudice, insurance policies issued by the defendants covered business losses incurred by the plaintiffs that were forced to close or limit their operations…

MAC Prop. Grp. LLC v. Selective Fire and Casualty Ins. Co.
New Jersey Appellate Division

The New Jersey Appellate Division considered an issue of first impression in these six consolidated appeals: “Whether in the context of Rule 4:6-2(e) motions to dismiss with prejudice, insurance policies issued by the defendants covered business losses incurred by the plaintiffs that were forced to close or limit their operations as a result of Executive… Continue reading MAC Prop. Grp. LLC v. Selective Fire and Casualty Ins. Co.

Bryant v. Cumberland Cty.
New Jersey Appellate Division

The New Jersey Appellate Division held in a matter of first impression that “service of a Tort Claims Act notice of claim on a county is sufficient when sent to the county clerk rather than the board of county commissioners.” Plaintiff and her husband filed this personal injury action, alleging Cumberland County’s negligence caused her… Continue reading Bryant v. Cumberland Cty.

Chepovetsky v. Civello
New Jersey Appellate Division

The New Jersey Appellate Division reviewed Rule 4:5-4. The Rule requires responsive pleadings to “set forth specifically and separately” the affirmative defense of discharge in bankruptcy and the federal statutory injunction against prosecuting enforcement of a debt discharged in bankruptcy under 11 U.S.C. § 524. The defendant argued that the plaintiffs waived the affirmative defense… Continue reading Chepovetsky v. Civello

Rivera v. Monko
3rd Circuit

A prisoner sued the staff at his jail, alleging they deprived him of the ability to research evidentiary and court rules ahead of and during his civil trial. The District Court dismissed the complaint, and the Third Circuit affirmed. Both courts found that the defendants were entitled to qualified immunity because, at the time of… Continue reading Rivera v. Monko

Panzarella v. Navient Solutions, Inc.
3rd Circuit

The Third Circuit affirmed the District Court’s summary judgment order entered in Navient’s favor. The Panzarellas sued the student loan company, alleging it violated the Telephone Consumer Protection Act of 1991 (TCPA). They asserted that Navient called their cellphones without prior express consent using an automatic telephone dialing system (“ATDS”) in violation of the TCPA.… Continue reading Panzarella v. Navient Solutions, Inc.

Barron v. Gersten
New Jersey Appellate Division

The New Jersey Appellate Division decided a case that dealt with the COVID-19 pandemic’s impact on the statute of limitations in a personal injury matter. The accident occurred on June 21, 2018. The complaint was filed on June 29, 2020, eight days after the expiration of the two-year statute of limitations in N.J.S. 2A:14-2(a). The… Continue reading Barron v. Gersten

C.V. v. Waterford Twp. Bd. of Educ.
New Jersey Appellate Division

In an issue of first impression, the New Jersey Appellate Division considered whether the New Jersey Law Against Discrimination (LAD) applied to claims arising from a sexual predator’s criminal assaults against a young schoolgirl where those crimes were committed on a school bus. Plaintiff was five years old when she was sexually assaulted by a… Continue reading C.V. v. Waterford Twp. Bd. of Educ.

Samolyk v. Berthe
New Jersey Supreme Court

The New Jersey Supreme Court visited a topic near and dear to Sullivan | Simon’s mascot, Sam the Goldendoodle (yes, he is adorable). At issue was the common law rescue doctrine. The Court quoted Judge Cardozo, who described it as follows: “The wrong that imperils life is a wrong to the imperiled victim; it is… Continue reading Samolyk v. Berthe

Doe v. United States
3rd Circuit

The Third Circuit waded into an employment issue between FBI agents and the Government. In 2018, the Federal Government went through its most extended shutdown. Federal workers — including FBI agents — did not get paid. When the Government reopened, the agents received back pay and contributions into their Thrift Savings Plan retirement accounts. The… Continue reading Doe v. United States

Jenkins v. Robertson
Pennsylvania Superior Court

The Pennsylvania Superior Court quashed this appeal from a verdict entered after a landlord-tenant dispute. The lower court rendered a verdict in favor of the landlord after the tenant failed to appear for the arbitration and trial. When the lower court reduced the matter to an order, it stated that the tenant had “no right… Continue reading Jenkins v. Robertson