O’Toole Scrivo attorneys Joshua A. Zielinski and Brian Wolfson obtained summary judgment for United States Fire Insurance Company (“US Fire”) against Robb Report Media (“Robb Report”) for damages caused to a 2018 Ferrari 812 Superfast.
As state court systems muddle through the pandemic with an eye toward resuming court operations, civil jury trial backlogs are mounting. However, large juror pools assembled in close quarters are not compatible with the myriad of safety protocols implemented in each state. In New York, as a result, litigants are maneuvering in other ways toward trial. One means of moving towards trial is an apparent, intentional waiver of a jury trial when a plaintiff files note of issue.
The Third Circuit Court of Appeals recently issued a precedential opinion interpreting requirements contracts under New Jersey law. In Mid-American Salt, LLC v. Morris County Cooperative Pricing Council,* the court considered a contract for bulk rock salt at negotiated prices. The contract called for Mid-American Salt (“Mid-American”) to supply rock salt to the members of Morris County Cooperative Pricing Council (“Co-op”) and included a schedule of the members’ estimated needs. Although some members purchased from Mid-American, many members bought no rock salt at all, while others bought from Mid-American’s competitors.
The confluence of the COVID-19 pandemic and the national shortage of personal protective equipment (“PPE”) has resulted in many companies importing and selling PPE, especially facemasks and respirators. Indeed, companies not ordinarily in the health care market, but with foreign supply chain contacts, have entered that space to fill the urgent need for health care supplies. The federal and state governments have responded by stepping in to control the flow of material and prevent price gouging. This extraordinary health crisis, and the government’s rapid response to private-sector involvement, has left companies in uncharted and uncertain waters. O’Toole Scrivo has been at the forefront of this rapidly evolving landscape, providing guidance to companies engaged in the sale of PPE and representing companies before various government agencies.
As the COVID-19 crisis unfolded in early March 2020, Governor Phil Murphy issued a series of Executive Orders focused on reducing the spread of the virus by limiting person-to-person contact. With that in mind, one order, Executive Order 105, required the collection and submission of political party candidate and delegate petitions through an online form. Similarly, Executive Order 120 extended electronic collection and submission of petitions to Independent candidates seeking nomination for the upcoming general election.
On April 14, 2020, the Governor of New Jersey signed into law a bill providing healthcare professionals and facilities immunity in providing services related to COVID-19 from civil and criminal liability for claims alleging injury or death incurred during the public health emergency and state of emergency declared by Executive Order 103 (“EO 103”). The bill further authorizes the temporary reinstatement and recertification of professional certifications for certain healthcare first responders. Notably, the legislation is retroactive to March 9, 2020, the date EO 103 was executed.
Yesterday evening the President of the United States signed into law the “Families First Coronavirus Response Act” (the “Act”), a bipartisan measure meant to minimize the impact of the COVID-19 pandemic on the general public. The Act includes myriad provisions related to increased funding for public assistance programs and establishes a number of mandates applicable to private employers with fewer than 500 employees as well as public employers. Following are key changes to federal law that will impact employers across the country.
On March 9 and 13, 2020, the Governor of the State of New Jersey and the President of the United States declared a State of Emergency and National Emergency in response to the dangers posed by COVID-19. Then, on March 16, 2020, the Governor of New Jersey issued an Executive Order announcing “Aggressive Social Distancing Measures to Mitigate Further Spread of COVID-19 in New Jersey,” which requires many businesses to shut down altogether or otherwise limit their operations. County and local governments in New Jersey and other states have implemented additional measures of varying degrees in their efforts to slow the spread of COVID-19. These national, state, and local declarations have caused significant uncertainty for employers across the State. While the emergency declarations give the government the authority to suspend the enforcement of certain laws, employers must be mindful of the myriad laws that continue to govern their relationship with employees. Indeed, employers must be even more aware of their obligations (and their rights) and ensure on-going compliance with relevant federal and state laws. Employers must also stay up to date with public health advice and information and must make reasonable assessments of workplace conditions based on the most updated information available. Employers who rely on federal and state guidance can protect themselves against allegations that they failed to take reasonable steps to protect their workforce and that they engaged in discriminatory conduct. Following are answers to many questions frequently asked by employers (and some questions that employers should be asking).