Since the first civil lawsuit for money damages, plaintiffs have sought to maximize recoveries while defendants have sought to minimize them. This creates an obvious tension that is often left to a jury. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Is there a bright-line rule for when a claimant is put on notice of a physician's status as a public employee for purposes of New Jersey's Tort Claims Act? The answer may be found in the matter of <I>Biassou v. Fitzsimmons</I>, in which the trial court and Appellate Division ruled that a plaintiff's claims were barred under the Tort Claims Act for failing to timely file a notice of claim.
James H. Rotondo, John W. Cerreta
&
David W.S. Lieberman
As noted last month, the Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> profoundly altered the law of personal jurisdiction when it held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home." The discussion concludes herein.
Two years ago, a bombshell decision issued in the Eastern District of New York by Judge Jack B. Weinstein held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in a tort case. <I>G.M.M. v. Kimpson</I>, 2015 U.S. Dist. LEXIS 99715 (E.D.N.Y. July 30, 2013).,
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
