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New Jersey Amusements, Sports and Recreation Liability April 1, 2019
The Superior Court rejected the plaintiff’s argument, holding that a metal pole used to strike a piñata is not a dangerous condition on the property. The pole broke while the plaintiff was using it to strike the piñata, causing..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Appellate Advocacy and Post-Trial Practice April 1, 2019
The district court certified a plaintiff class in the case but later reconsidered and decertified the class. Under Federal Rule 23(f), the named plaintiff would have had 14 days to seek review of that decertification order in the court of appeals...., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Professional Liability April 1, 2019
The mother of Brittany Oliver, a developmentally disabled person, appealed the trial court’s final order dismissing the second amended complaint with prejudice against the University of Miami School of Law’s Children & Youth Law..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability April 1, 2019
The Superior Court found that the trial judge failed to make the required finding of fact in support of his denial of the defendant’s motion to compel arbitration. The denial of defendant’s motion was vacated. The trial court had merely..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Architectural, Engineering and Construction Defect Litigation April 1, 2019
Heron’s Landing Condominium Association filed a complaint against D.R. Horton, Inc.-Jacksonville, the developer and general contractor of the project. The project consisted of 240 residential units in 20 buildings. The Association alleged D.R..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Public Entity and Civil Rights Litigation April 1, 2019
The District Court dismissed all of the plaintiff’s 42 U.S.C. §1983 claims against the individual defendants and the City of Newark, finding that he had not adequately pled Fourth Amendment violations or a custom of warrantless searches..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability April 1, 2019
Although there were disputes of fact, non were material to prevent the lower court from granting summary judgment to the defendants. The plaintiff did not carry her burden under the Tort Claims Act because she was not injured by a condition on the..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Employment Law April 1, 2019
Dominic Oliveira was employed as an interstate truck driver for New Prime, Inc. under an operating agreement that deemed him to be an independent contractor. Oliveria filed a class action suit, alleging the petitioner denied its drivers lawful wages..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Workers' Compensation April 1, 2019
In this case of first impression, the issues were whether: (1) the Delaware Medical Marijuana Act (DMMA), specifically its anti-discrimination provision, was in conflict with the federal Controlled Substances Act (CSA) and is thus preempted; and (2..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Automobile Liability April 1, 2019
The applicable insurance policy covered “non-owned private passenger autos,” which were defined in the policy as “a four-wheel private passenger, station wagon or jeep type auto.” In this instance, an individual was driving..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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