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Tort Liability
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Public Entities Ruled Not Liable for Actions of Their Public Employees

In an expansion of governmental tort immunity, the New Jersey Appellate Division recently ruled in Turner v. Township of Irvington that public entities cannot be held liable for a 9-1-1 operators’ conduct regardless of their level of culpability. The 9-1-1 operator at issue acted with willful and wanton conduct when they were the cause of Read More

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Facing the Evidence: Spoliation and Social Media

Litigants, be wary! The casual and innocent acts of cleaning your home, disposing of old documents, or even deactivating your Facebook account may be the subject of a lawsuit against you. This is what occurred in Gatto v. United Air Lines, Inc. 10-cv-1090-ES-SCM, in which the plaintiff in a personal injury action deleted his Facebook Read More

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Appellate Division ruling holds that juries, not judges, are to decide public entity's tort liability

The New Jersey Appellate Division recently held in Henebema v. South Jersey Transportation Authority, A-3723-10 that when establishing tort liability a jury, not a judge, should be the one to decide whether a public entity’s acts are ministerial or discretionary in nature. This crucial distinction determines whether the public entity is subject to the ordinary-negligence Read More

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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