Recent changes
Honeywell International Inc. v. Satec Inc. - Environmental Remediation Dispute
The New Jersey Superior Court Appellate Division reviewed a dispute between Honeywell International Inc. and Satec Inc. concerning environmental remediation obligations under a 2009 Settlement Agreement. The court affirmed, with modifications, an order that denied Satec's motion to compel arbitration for certain claims while also addressing Honeywell's cross-appeal regarding access and remediation.
Melick v. Melick - Post-Judgment Matrimonial Matter
The New Jersey Superior Court Appellate Division affirmed a Family Division order enforcing a 1997 Final Judgment of Divorce regarding the division of a 401K plan. The defendant appealed the enforcement of a Qualified Domestic Relations Order (QDRO) concerning his retirement assets, which had been rolled over into an IRA in 2010.
Edariel Melendez v. New Jersey Dept. of Corrections - Legal Opinion
The New Jersey Superior Court Appellate Division affirmed a final administrative decision upholding a disciplinary finding against inmate Edariel Melendez for possession of a SIM card and a cell phone. The court found no basis to overturn the Department of Corrections' decision.
In the Matter of the Civil Commitment of E.K. - Civil Commitment Case Opinion
The New Jersey Superior Court Appellate Division dismissed an appeal concerning the civil commitment of E.K. as moot because the individual had been discharged. The court noted that while E.K. was initially committed due to psychiatric issues, his condition had improved, leading to discharge plans.
Peña Garcia v. Department of Labor - Workers' Compensation
The Second Circuit Court of Appeals denied a petition for review in Peña Garcia v. Department of Labor. The court affirmed the denial of reimbursement for medical cannabis-infused edibles under the Longshore and Harbor Workers' Compensation Act, citing federal law classifying marijuana as a Schedule I substance.
Matusak v. Daminski - Excessive Force and Qualified Immunity Appeal
The Second Circuit Court of Appeals affirmed a district court's decision granting qualified immunity to two Monroe County Sheriff's Office deputies. The court found that while the jury determined excessive force was used, the officers' belief that the suspect posed a threat was objectively reasonable, and no clearly established law prohibited their actions.
Miller v. Lamanna - Appeal of Dismissal
The Second Circuit vacated a district court's dismissal of a former corrections officer's discrimination and retaliation claims. The appellate court found the district court erred by converting a summary judgment motion into a Rule 12(b)(6) dismissal, considering only the complaint's allegations despite extensive discovery. The case is remanded for further proceedings.
SBK ART LLC v. Akin Gump Strauss Hauer & Feld LLP - Discovery for Foreign Litigation
The Second Circuit affirmed a District Court order granting SBK ART LLC's petition for discovery under 28 U.S.C. §1782 in aid of foreign litigation. The court held that the law firm Akin Gump Strauss Hauer & Feld LLP must produce documents and testimony for use in European proceedings, disagreeing with the firm's argument that such discovery should be limited to what is discoverable from their client abroad.
Reidy Contracting Group v. Mt. Hawley Insurance - Additional Insured Status
The Second Circuit Court of Appeals affirmed a district court's decision, holding that Reidy Contracting Group was an additional insured under Mt. Hawley Insurance Company's policy. The court found that the Employers Liability Exclusion was ambiguous and must be construed against Mt. Hawley.
Kellogg v. Nichols - Concealed Carry License Case
The Second Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging New York's concealed carry license laws. The court held that state judges reviewing license applications are protected by absolute judicial immunity and that federal courts lack jurisdiction over such claims under Article III's case-or-controversy requirement.
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