O’Toole Scrivo, LLC Lawyers Obtain Summary Judgment for Client Against Luxury-Living Magazine

O’Toole Scrivo, LLC 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.

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New York Litigation: The Bench Trial

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.

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Third Circuit Strictly Interprets Requirement Contracts

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.

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Federal and State Governments Heighten Scrutiny of Businesses That Import and Sell Personal Protective Equipment

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.

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Governor Phil Murphy Authorizes Electronic Petitions for Initiative and Referendum Campaigns

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.

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New Jersey Enacts Legislation to Provide Healthcare Professionals and Facilities Civil and Criminal Immunity in Response to COVID-19 Public Health Emergency

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.

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