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Peter J. Gallagher
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Gym memberships are notoriously difficult to cancel. As a result, there is a fair amount of litigation over the cancellation, or attempted cancellation, of gym memberships, many of which are class actions. A recent Appellate Division decision, Mellet v. Aquasid, LLC, was one such... Continue reading
Posted 3 days ago at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) A recent decision from the Appellate Division drives home (1) the duty of sellers at sheriff's sales to announce all material information about the property being sold at the sale, (2) the duty of bidders at sheriff's sales to perform independent due diligence about... Continue reading
Posted Jun 16, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) In Henson v. Santander Consumer USA Inc., Justice Gorsuch delivered his first opinion for the Supreme Court, and in doing so, provided an interesting opinion on a relatively boring issue, and subconsciously (I assume) invoked the movie Repo Man, a classic (?) mid-1980's movie... Continue reading
Posted Jun 13, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Nothing says romance like asking your girlfriend to sign a contract before you agree to help her fix up her house. Nonetheless, this is essentially the take-home message from the Appellate Division's decidedly unromantic decision in Sukenik v. Dizik. In Sukenik, plaintiff and defendant... Continue reading
Posted Jun 9, 2017 at Pete's Take
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Lenders are often faced with a dilemma when dealing with property that is in foreclosure and has been abandoned by the borrower. A lender must, under New Jersey law, maintain the property "to such standard or specification as may be required by state law... Continue reading
Posted Jun 7, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Turns out, a lot could go wrong. But, if it does, the neighbor whose tree limbs inspired you to climb the ladder, chainsaw in hand, probably won't be responsible, at least according to the holding in Corbisiero v. Schlatter. In Corbisiero, plaintiff was a... Continue reading
Posted May 31, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Facebook is useful for a lot of things -- humble bragging about your children, posting professionally taken candid photographs of your smiling family, announcing your engagement/marriage/pregnancy/baby's gender to several hundred of your closest friends, etc. In K.A. v. J.L., a New Jersey court added... Continue reading
Posted May 16, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) One of my favorite quotes from a judicial decision comes from the New Jersey Supreme Court in Atlantic Northern Airlines v. Schwimmer: "Litigation proceeding from the poverty of language is constant." I have never understood this to be a knock on the drafter. Rather,... Continue reading
Posted May 3, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) These are not alternate lyrics to the the classic Village People song, YMCA, but they could be if the song were written by the Appellate Division panel that recently decided Lequerica v. Metropolitan YMCA of the Oranges. In Lequerica, plaintiff was injured during a... Continue reading
Posted Apr 25, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) One of the more interesting cases I have written about is Langbord v. U.S. Dept. of Treasury, which I described in a June 2015 post as follows: It's not every day that you find a case that starts with Depression-era monetary policy, ends with... Continue reading
Posted Apr 20, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) The headline of this post is a little like "Dog bites man." But, given the recent trend in New Jersey of "man bites dog" type cases where courts have invalidated arbitration provisions that once seemed unambiguous (look here, here, and here for examples), the... Continue reading
Posted Apr 12, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I have written in the past about dog bite cases, but never about a non-bite, dog-related injury case. That changes today. In Hackett v. Musey, plaintiff sued after being knocked down by defendants' dog during a social visit to defendants' property. Plaintiff brought her... Continue reading
Posted Apr 7, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Anyone who has bought or sold real estate in New Jersey is familiar with "attorney review." When you buy or sell a house, you sign a contract that is almost always prepared by a broker. The contract must contain a standard provision stating that... Continue reading
Posted Apr 4, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) In 2006 and 2007, the Administrative Office of the Courts issued directives addressing jury voir dires. The directives require, among other things, that trial judges ask jurors at least three open-ended questions that are designed to elicit a narrative response to which "appropriate follow... Continue reading
Posted Mar 31, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Arbitration awards are, by design, difficult to vacate. But what happens when one of the arbitrators who entered the award is later convicted of a crime related, at least to some extent, to an issue in the arbitration. In Litton v. Litton, the Appellate... Continue reading
Posted Mar 24, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) In the past, I have written about engagements gone wrong, including a case involving a failed (alleged) engagement and the return of a (purported) engagement ring that the recipient initially claimed to have lost, but later (apparently) found, and marriages gone wrong, including a... Continue reading
Posted Mar 22, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) One of the more vexing procedural issues in arbitration arises when the other side refuses to pay its share of the arbitration fees. The arbitrator won't work for free so you are faced with a dilemma, advance the fees for the other side and... Continue reading
Posted Mar 13, 2017 at Pete's Take
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) One of my favorite scenes from "When Harry Met Sally" occurs when the late, great Bruno Kirby, and the late, great Carrie Fisher, whose characters are just moving in together, are arguing about a wagon wheel table that Kirby's character wants to put in... Continue reading
Posted Mar 10, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) There is often tension between a court's need to effectively manage its docket and the overriding objective that a lawsuit be resolved on its merits and not because a party (or its counsel) misses a deadline. Courts establish deadlines. If they are ignored, can... Continue reading
Posted Mar 8, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I tagged this post in the "banking" category even though its only connection to banking is that it involves a slip-and-fall that occurred in a bank parking lot. But, it offers yet another example of something I have written about before -- liability of... Continue reading
Posted Feb 2, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) In a case decided earlier last week, State v. Wilson, the New Jersey Supreme Court answered an interesting Constitutional Law question: Whether the admission into evidence of a map showing the designated 500-foot "drug free zone" around a public park violated an accused's right,... Continue reading
Posted Jan 30, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Although foreclosures have not been in the news as much lately as they were several months ago, New Jersey courts still issue at least one or two decisions per week involving residential foreclosures. While I have written about some of the more interesting ones... Continue reading
Posted Jan 25, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Whenever it snows, we shovel out a little area in front of our mailbox because we heard that if the mail carrier cannot easily get to your mailbox, then he won't deliver your mail. This has always annoyed me, but not so much that... Continue reading
Posted Jan 20, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I recently wrote about Garmeaux v. DNV Consepts, Inc., a case in which the Appellate Division held that, under New Jersey's Consumer Fraud Act, successful plaintiffs can, in certain circumstances, recover legal fees they incurred in connection with both the prosecution of their affirmative... Continue reading
Posted Jan 17, 2017 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) A few weeks back, I wrote a post about a lawsuit between the Borgata Casino and world renowned poker player and gambler, Phil Ivey. In the lawsuit, the Borgata accused Ivey and a partner, Cheng Yin Sun, of engaging in an "edge sorting" scheme,... Continue reading
Posted Jan 13, 2017 at Pete's Take