By Erica Peralta | Published February 26, 2024 | Posted in SLAPP Suits | Tagged Tags: public expression protection act, slapp suit, slapp suit case, slapp suit litigation, slapp suit NJ, Uniform Public Expression Protection Act, UPEPA | Comments Off on First suit under recently enacted Uniform Public Expression Protection Act is underway in Bergen County
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⟩ First suit under recently enacted Uniform Public Expression Protection Act is underway in Bergen County
The matter Albert H. Wunsch, III, v. CTE Republicans for Englewood Cliffs, Mark Park, Zhi Liang, Rivka Biecagz, and Penny Rousouli, is currently in the Superior Court of Bergen County. The case concerns candidates in a local public election. Plaintiff instituted the action by way of an order to show cause after asserting that Defendants Read More
Read MoreSLAPPING AWAY SLAPP SUITS: NEW JERSEY’S ANTI-SLAPP ACT
With the passing of the “Uniform Public Expression Protection Act” (S-2802/A-4393) this month, the New Jersey legislature has reaffirmed its dedication to preserving freedom of speech in the state. The Act is designed to protect people from Strategic Lawsuits Against Public Participation (“SLAPP”), which are meritless civil lawsuits filed by powerful entities and individuals solely Read More
Read MoreSLAPP BACK: NEW JERSEY PASSES ANTI-SLAPP LEGISLATION
This week, Governor Murphy signed into law Senate Bill S2802, known as the “Uniform Public Expression Protection Act,” (the “Act”) adding New Jersey to the list of over 30 states that have adopted Anti-SLAPP legislation. A “Strategic Lawsuit Against Public Participation” (“SLAPP lawsuit”) is a strategic maneuver wherein a civil suit is brought against an Read More
Read MoreNew Jersey Appeals Court Says “Ongoing Storm Rule” No Longer Applies to Commercial Real Estate — Will This Lead to A Slippery Slope?
For years many lawyers and property owners in New Jersey believed that the “ongoing storm rule” was applicable in this state. Under that rule a commercial property owner had no duty to treat or remove snow or ice during a storm. The duty arose after the storm ended at which time reasonable removal efforts had Read More
Read MoreInsurance Broker Loses Lawsuit in a Case Involving the “Named Storm Deductible”
Perhaps you are not familiar with the Named Stormed Deductible in insurance policies for commercial operations. If so it might be a good time to visit this issue. The broker in a lawsuit called Wakefern Foods v BWD Group, LLC probably wishes it had a better grasp of this policy provision before it sold an Read More
Read MoreTerranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act
On January 4, 2019, the New Jersey Appellate Division handed down a decision in Terranova vs. General Electric Pension Trust, Docket No. A-5699-16T3 (hereinafter, “Terranova”). In Terranova, The New Jersey Appellate Division reviewed the Trial Court’s grant of Summary Judgment in favor of Defendants. This suit arises out of a claim under the New Jersey Read More
Read MoreNJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have standing to challenge a local planning board’s approval for a neighboring property. The syllabus and opinion for this case, Cherokee LCP Land, LLC v. Read More
Read MoreThe Downside to Higher Ground: Appellate Division affirms finding of a townhome owner’s negligence and responsibility for water damage to a below unit caused by a prolonged leaking washing machine hose
On August 1, 2018, the Superior Court of New Jersey, Appellate Division ruled in favor of plaintiff in the matter captioned Joseph S. D’Elia v. Joyce Campisi and Liberty Mutual Mid-Atlantic Insurance Company, Docket No.: A-4426-16T3, where defendant sought an appeal from a trial court bench decision where she was held liable for damage to Read More
Read MoreNJ Federal Court Provides Hope to Insureds Unable to Locate Historic Liability Policies and Coverage
In E.M. Sergeant Pulp & Chemical Co., Inc. v. Travelers Indemnity Co., Inc., plaintiff policyholder sought coverage and defense costs for environmental pollution claims under policies allegedly issued by defendant insurer. Civ. No. 12-1741, 2015 WL 9413094 (D.N.J. Jan. 17, 2017). Plaintiff, a distributor of heavy industrial inorganic chemicals and raw materials, owned property in Read More
Read MoreState of New Jersey Not Liable for pre-1977 Hazardous Discharges
On March 27, 2017, the New Jersey Supreme Court issued a very important decision concerning Spill Act liability in contribution cases. In the case of NL Industries, Inc. v. State of New Jersey, the Court held that the State is not liable to pay cleanup costs for “pre-Act” discharges, meaning discharges that occurred before the Read More
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