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Peter J. Gallagher
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Some sets of facts just seem tailor-made for a potential lawsuit. Climbing up a ladder with a chainsaw to cut your neighbor's tree limbs that are hanging over your lawn comes to mind. Also on that list, a day out on a boat with... Continue reading
Posted Sep 7, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) For lawyers, debt collection can be a trap for the unwary. The Fair Debt Collection Practices Act ("FDCPA") governs debt collection by both attorneys and non-attorneys. It generally prohibits debt collectors from using deceptive, abusive, or unfair practices to collect debts. While that sounds... Continue reading
Posted Aug 30, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) There is a lawyer joke in here somewhere about lawyers suing to get more time to speak or how someone should sue to force lawyers to talk less. Potential jokes aside, the issue in Feld v. City of Orange was an interesting one. In... Continue reading
Posted Aug 10, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Most cases involving commercial contracts and arbitration provisions follow a similar pattern. They generally involve consumers arguing that they cannot be bound by arbitration clauses found in the fine print of boilerplate contracts that they had no ability to negotiate. But Shah v. T... Continue reading
Posted Aug 3, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) If you read this blog then you know that failed relationships often make for the most interesting cases. For example, if your would-be spouse calls off your wedding, then you are usually entitled to get the engagement ring back. But, if you cancel your... Continue reading
Posted Jul 19, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Last week, I wrote about an exception to the strict liability normally imposed on dog owners under New Jersey's dog bite statute. (A short time before that, I wrote about yet another exception to strict liability under the dog bite statute, so the exceptions... Continue reading
Posted Jul 13, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) As dog owners in New Jersey know, or should know, they are usually strictly liable for injuries suffered by anyone bitten by their dogs. New Jersey does not follow a "one free bite rule." Instead, under New Jersey law: "The owner of any dog... Continue reading
Posted Jul 3, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Although the temperature today is supposed to reach 90 degrees, this post is about frozen pipes. More specifically, pipes in a house that is under contract for sale that freeze and cause property damage after the scheduled, but not completed, closing, but before the... Continue reading
Posted Jun 29, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I never took trusts and estates in law school because I thought it would be boring. Had I known that there were cases like In the Matter of The Will of E. Warren Bradway, then I might have felt differently. The Appellate Division's opinion... Continue reading
Posted Jun 26, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) The facts and legal issues in sidewalk slip and fall cases sometimes read like they are pulled from law school final exams. In New Jersey, the baseline legal rule is clear -- owners of commercial properties generally have a duty to maintain, in reasonably... Continue reading
Posted Jun 11, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) As readers of this blog know, arbitration provisions in consumer contracts are difficult to enforce in New Jersey. (Click here or here for a refresher.) There was some belief that the U.S. Supreme Court's recent decision in Kindred Nursing Centers Ltd. P'ship v. Clark... Continue reading
Posted Jun 7, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I have written a number of times about New Jersey's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA). (Here, here, and here for example.) This statute, which was largely ignored after it was enacted in 1981, became increasingly popular in recent years as... Continue reading
Posted May 17, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Although I have been a homeowner for a number of years and like to think that I am reasonably handy, my knowledge of plumbing is probably more informed by Mario Brothers than anything else. As the saying goes, I know just enough about the... Continue reading
Posted May 14, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) The running battle between the Borgata and world renowned poker player Phil Ivey (among others) continues, and, fortunately, continues to be interesting. As I wrote about here and here, the Borgata sued Ivey and an associate, Cheng Yin Sun, after the two men won... Continue reading
Posted Apr 4, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) This one may seem obvious, but, in MacDonald v. Cashcall, Inc., the U.S. Court of Appeals for the Third Circuit held that a contractual arbitration provision that calls for arbitration in an "illusory forum" is not enforceable. So, if you were thinking about trying... Continue reading
Posted Mar 22, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) The Wall Street Journal recently reported that the Federal Reserve conditionally approved a Colorado credit union, Fourth Corner Credit Union, to serve cannabis-linked businesses. To obtain this approval, however, the credit union had to “step back from its original plan to serve state-licensed dispensaries.”... Continue reading
Posted Mar 16, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Both houses of Virginia’s legislature have unanimously approved bills that will expand the ability of Virginia doctors to recommend marijuana or cannabis extracts to their patients. The bills are not identical, but once the relatively minor differences between them are reconciled, a consolidated bill... Continue reading
Posted Mar 9, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Add this to the list of things you never want to hear a court say about your performance during a case: "defendants' presentation of evidence certainly gave voice to the song lyric, 'when nothing makes any sense, you have a reason to cry.'" (It... Continue reading
Posted Mar 2, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) A wise colleague once told me that obtaining a judgment only gets you about 60% of the way home. Collecting on judgments is a sometimes overlooked, but almost always tedious and expensive process that makes me think my colleague was optimistic with his 60%... Continue reading
Posted Feb 27, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) A few months ago, I wrote about the enforceability of an arbitration provision in a case involving a child who was injured at a trampoline park ("Bounce Around The (Court)Room: Trampoline Park's Arbitration Provision Deemed Unenforceable"). In that case, the trampoline park moved to... Continue reading
Posted Feb 23, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) One of my children's preschool teachers was fond of saying, "you get what you get and you don't get upset." (Not to my little angel, of course, but to other children.) In Curran v. Curran, the Appellate Division basically applied this admonition to the... Continue reading
Posted Feb 13, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) It is always helpful when a court lets you know up front what its decision is all about. This was the case in Adelman v. BSI Financial Services, Inc., where the Appellate Division began its decision as follows: "A defendant in a foreclosure case... Continue reading
Posted Feb 6, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Cloaking devices are common in sci-fi movies like Star Trek and Star Wars. They are used to render an object, usually a spaceship, invisible to nearly all forms of detection. Although scientists are apparently working to make real-life cloaking devices, at this point they... Continue reading
Posted Jan 26, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Anyone who has practiced law for any period of time likely has a story about a misdirected email. You know, the one you meant to send to a client or a colleague, but it went to your adversary or your supervising partner instead. These... Continue reading
Posted Jan 24, 2018 at Pete's Take
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by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Generally, when you end an email to your adversary with "we'll be awaiting your motion," something has gone wrong. This was certainly true in So v. Everbeauty, Inc. In So, plaintiff sued defendant, his former employer, alleging that defendant had violated his rights under... Continue reading
Posted Jan 3, 2018 at Pete's Take