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November 4, 2015

By: Christopher P. Lagay, Esq.
The New Jersey Supreme Court recently published an opinion which clarifies the liabilities of “common interest communities,” such as homeowner’s associations, for maintenance of the common areas under the association’s control. In Qian v. Toll Brothers, 223 N.J. 124 (2015), the Court reversed the appellate divisions affirmance of summary judgment granted by the trial court to the homeowner’s association and management community, and remanded the case.

July 29, 2015

By: Steven M. Liero, Esquire
When an action is brought against a political subdivision, such as a school district or a municipality, a question arise whether the claim falls within an exception to the immunity enjoyed by the subdivision.

May 30, 2012

By: Amelia Lolli, Esquire

On May 25, 2012, a New Jersey Superior Court Judge granted summary judgment in the case of Kubert  v. Best, in favor of a defendant, Shannon Colonna, who was accused of sending a text message to a friend while he was driving.  On September 19, 2009, Kyle Best, age 19, received a text message from a female friend while operating his motor vehicle in Randolph, Morris County, New Jersey.  Mr. Best lost control of his vehicle, crossed the yellow line and struck David and Linda Kubert on their motorcycle.  Both individuals suffered very serious personal injuries. 

December 27, 2011

By: Lisa Cauley, Esquire

On June, 21, 2010, the Supreme Court addressed an issue important to Pennsylvania business owners and operators of recreational programs and facilities: the validity liability waiver and release forms. In Chepkevich v. Hidden Valley Resort, L.P., 2010 Pa. LEXIS 1311 (2010), reversing the decision of the Superior Court, the Pennsylvania Supreme Court found the release form signed by the plaintiff, a patron of the defendant ski resort, was valid and that the patron had effectively waived her right to sue the resort. The Court found that the terms of the release explicitly encompassed the type of risk the plaintiff engaged in by the plaintiff when she was injured on the chair lift, and also encompassed the alleged negligence of the chair lift operator.

December 27, 2011

By: Angela B. Kosar, Esquire

December 17, 2010 marked the arrival of the long-awaited answer to whether the Federal Estate, Gift and Generation Skipping Transfer Tax thresholds would revert back to those set forth in 2001, prior to the changes enacted by then President George W. Bush. On that date, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (referred to as TRA 2010). While to most taxpayers this act is best known for its reduction of federal payroll taxes that made everyone’s paychecks a little bigger, it also had some significant and beneficial changes to the Federal Estate, Gift and Generation Skipping Transfer taxes already in place.