Civil Litigation

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May 2019

Pensioners Find New Legal Strategy After Archdiocese Plan Goes Bust

2019-05-10T10:57:44-04:00May 10th, 2019|Civil Litigation, ERISA, JMS in the News, News|

CHARLES TOUTANT / NEW JERSEY LAW JOURNAL - The Archdiocese of Newark has been hit with a lawsuit accusing it of short-changing a hospital pension plan by $2.7 million. The suit was filed Tuesday in Superior Court of New Jersey in Essex County on behalf of a class of retirees from Archdiocese-run hospitals whose pension checks [...]

August 2017

A Real Dirtbag: Owning a Piece of History – and Owning Up to Potential Legal Issues (No. 4)

2017-08-07T14:13:43-04:00August 7th, 2017|Civil Litigation, News|

Don't you just hate dirtbags? Well, here is a story (and court case) about one that you just might like. The Kansas Cosmosphere and Space Center ("KCSC") is a space museum that houses a great space artifact collection, many on loan from NASA. In 2002, the KCSC president/CEO left, after taking a significant number of [...]

July 2017

The Unintended User in Product Liability Law

2017-07-17T21:37:04-04:00July 17th, 2017|Business Law, Civil Litigation, Product Liability|

Plato wrote "[t]he most effective kind of education is that a child should play amongst lovely things." In the modern era, some lovely products grab a child's attention and invite play, but the lessons learned may include injurious ramifications. Several products are manufactured solely for use by adults. Are product warnings directing that children [...]

February 2017

Whistleblower Suit Accuses Chubb of Destroying Claims Evidence

2017-02-24T16:31:27-05:00February 27th, 2017|Business Law, Civil Litigation, JMS in the News|

Charles Toutant / New Jersey Law Journal - A former vice president of claims for Chubb Corp. claims in a suit that he was fired for complaining about the destruction of evidence in cases the company was litigating. Meanwhile, the company has filed a separate complaint in federal court seeking to compel arbitration in [...]

April 2015

Civil War Flag: Owning a Piece of History – and Owning Up to Potential Legal Issues, Part 3

2017-01-02T17:00:52-05:00April 6th, 2015|Civil Litigation|

My first post in this series dealt with who, between private parties, owned Oswald’s coffin. My second posting addressed what happens when a government seizes property and brings an action for forfeiture which adversely affects an innocent co-owner’s rights. This article focuses on an instance when a governmental entity claims that it is the true [...]

March 2015

Kennedy’s Sailboat: Owning a Piece of History – and Owning Up to Potential Legal Issues, Part 2

2017-01-02T17:00:53-05:00March 30th, 2015|Civil Litigation|

My last post, "Oswald's Coffin," dealt with ownership of Lee Harvey Oswald’s original burial “vessel.” For this piece, I’ll be discussing a more pleasant vessel – a sailboat – that also has a relationship to John F. Kennedy and ownership rights. The plaintiff, Dr. Lane, joined a “consortium” to purchase a one-sixth share of a [...]

January 2015

October 2014

September 2014

Time Is Always of the Essence

2017-01-02T17:01:05-05:00September 2nd, 2014|Civil Litigation|

We all have a basic understanding of what "statute of limitations" mean. Movies and books teach us that "there is no statute of limitations for murder," which means that the accused will be charged and tried no matter how long it's been since the murder was committed. The statute of limitations is a "legalese" way [...]

June 2014

A Civil Action for Revenge Porn

2017-01-02T17:01:06-05:00June 12th, 2014|Civil Litigation|

Recently, a jury in a civil case in California returned a verdict of $250,000 to a victim of revenge porn. This is the first known civil verdict for a porn revenge case in the country. Revenge porn occurs when an ex-partner or hacker uploads sexually explicit photos or videos without the consent of the person [...]