Case Alert – NJ Supreme Court Adopts “Ongoing Storm Doctrine” as Advocated by M&W’s Bill Bloom

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In a case successfully briefed and argued by M&W's Bill Bloom, the New Jersey Supreme Court - overturning the Appellate Division - has expressly adopted the ongoing storm doctrine, which holds that a commercial landowner does not have a dutymore

to remove snow and ice on its property until the precipitation has ended.  The ruling allows for 2 limited exceptions and will make dismissal of claims arising from falls during storms more common than trial.  Read the full Case Alert here.

Case Alert – Appellate Division Reiterates Affidavit of Merit Deadline but Upholds Claims Against Professional Defendant

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In Yagnik v. Premium Outlet – a case handled by Bill Bloom of M&W - the Appellate Division ruled that the filing of an Amended Complaint does not reset the clock to serve an affidavit of merit against a professional defendant.  However,more

the court held that extraordinary circumstances existed which warranted relaxing the rule and allowing the malpractice claim to go forward.  Read the full Case Alert here.

Case Alert – Harassment Claims May be Subject to Mandatory Arbitration

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In March 2019 Governor Murphy signed into law Senate Bill S121, which amended the New Jersey Law Against Discrimination by (i) prohibiting non-disclosure provisions in settlement agreements; and (ii) prohibiting mandatory arbitration and jury waiver clauses in employment contracts.more

Management side attorneys doubted the validity of the arbitration prohibition as potentially preempted by the Federal Arbitration Act pursuant to the Supremacy Clause of the U.S. Constitution. Two years later, both a Superior Court Judge and the U.S. District Court for the District of New Jersey have agreed.  Read the entire Case Alert here.

Case Alert – New Jersey Defense Association Publishes Jim Foxen Article

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In their Spring 2021 issue, the New Jersey Defense Association published an article by M&W's James Foxen regarding defending commercial property owners for third party criminal acts.  With such claims on the rise, Jim has provided much-needed assistance in this often challenging area of law.more

Click here to read the Case Alert with a link to the article.