Recent changes
John W. Myers v. Wronko Loewen Benucci - Legal Malpractice Appeal
The New Jersey Superior Court Appellate Division affirmed a lower court's decision dismissing a legal malpractice claim. The court found the plaintiff's arguments unconvincing and upheld the dismissal of all claims without prejudice.
Howard Zlotkin v. Board of Trustees - Pension Forfeiture Appeal
The New Jersey Superior Court Appellate Division reversed a Board of Trustees decision to forfeit 10% of a teacher's pension. The court found the Board failed to act within the statutory timeframe to modify the Administrative Law Judge's initial decision, reinstating the ALJ's recommendation for a reduced forfeiture.
Rivers v. Person - Partition and Sale Dispute
The New Jersey Superior Court Appellate Division reviewed a lower court's decision regarding a partition and sale of a jointly owned property. The appellate court reversed the denial of a motion to vacate a default judgment against the defendants, remanding the case for further proceedings.
Tomaselli v. Petco - Workers' Compensation Lien Dispute
The New Jersey Superior Court Appellate Division affirmed a lower court's decision that Petco waived its workers' compensation lien rights. The court found Petco's acceptance of a settlement amount constituted a clear waiver of its rights under N.J.S.A. 34:15-40.
Safdieh v. Commissioner - Tax Penalty Assessment
The Second Circuit Court of Appeals ruled that the Commissioner of Internal Revenue may assess penalties for failing to report foreign business control under I.R.C. § 6038(b) through administrative assessment, vacating a Tax Court order. The court remanded the case for further proceedings.
US v. Jimenez - 105 Months Prison for Ammunition Possession
The Second Circuit affirmed a district court's sentence of 105 months imprisonment and three years of supervised release for William Jimenez, who pleaded guilty to possessing ammunition after a felony conviction. The court upheld special conditions of supervised release, including electronic device searches and mandatory mental health counseling.
Reidy Contracting Group LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a district court's decision holding that Reidy Contracting Group LLC 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.
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's ruling in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of claims regarding false copyright management information but vacated the dismissal of copyright infringement claims, remanding for further proceedings on DMCA safe harbor issues.
United States v. Woods - Competency and Hospitalization
The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period while the government decided on civil commitment. The court clarified the application of 18 U.S.C. § 4241(d)(2)(B) regarding extended hospitalization for defendants found incompetent to stand trial.
United States v. Boria cocaine conspiracy firearm possession appeal
United States v. Boria cocaine conspiracy firearm possession appeal
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