This is Peter J. Gallagher's Typepad Profile.
Join Typepad and start following Peter J. Gallagher's activity
Join Now!
Already a member? Sign In
Peter J. Gallagher
Recent Activity
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Not much, but please keep reading. In the movie, the 40-Year-Old-Virgin, an almost unrecognizable Jonah Hill has a very small, but funny, part. He plays a customer at the “We Sell Your Stuff On Ebay” store, which is owned by Steve Carell’s character’s love... Continue reading
Posted Nov 28, 2017 at Pete's Take
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Early in the movie, My Cousin Vinny, Joe Pesci's character, Vincent Gambini, tells the judge that he has significant experience trying cases in New York. The judge does some research and learns that there is no record of anyone named Vincent Gambini trying any... Continue reading
Posted Nov 22, 2017 at Pete's Take
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Counsel is given wide latitude when making a closing argument to a jury. Perhaps not as wide as Lionel Hutz might be used to, but wide nonetheless. The recent Appellate Division decision in Campanelli v. Patel is a good example. In Campanelli, plaintiff was... Continue reading
Posted Nov 8, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) And, incidentally, it ends the same way. (At least the same way it always ends for me.) No. You are wrong. Your spouse did not steal the covers. In Loiacano v. Salemne, defendants stopped paying rent to their landlord. The landlord sued to evict... Continue reading
Posted Oct 19, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) If the name of your company is Christopher Columbus, LLC then it is probably reasonable for you to expect that you will be subject to the maritime jurisdiction of the federal courts. Nonetheless, this was the issue presented in a recent Third Circuit decision,... Continue reading
Posted Oct 17, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) What happens if you are a party in a lawsuit and you recognize one of the jurors as someone who not only knows you, but probably does not like you and may be looking for revenge? According to the Appellate Division in Rumbas v.... Continue reading
Posted Oct 13, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) On a ski trip a few years back, a friend of mine decided to spend his day at a local bar instead of on the slopes. He spent the afternoon drinking with a friend and a man they met at the bar. Later in... Continue reading
Posted Oct 10, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) If you are a realtor and you enter into an exclusive agreement to find tenants for your client's property, but then your client enters into a rent-free lease with a tenant, do you still get a commission? The answer, at least according to the... Continue reading
Posted Sep 26, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I do not have these mugs at home, but I should. Most married men will tell you that the easiest way to avoid trouble at home is to remember that your wife is always right (even on those rare occasions when she is obviously... Continue reading
Posted Sep 22, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I am a regular Subway customer, so I read the Seventh Circuit's opinion, In re. Subway Footlong Sandwich Marketing and Sales Practices Litigation, with great interest. You probably remember the events that spawned this litigation. As the Seventh Circuit described it: "In January 2013... Continue reading
Posted Sep 6, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) You don't need to be James Dalton to know that bar fights are scary. (If you don't know who James Dalton is, however, you do need to go watch Road House.) Bar fights can also create legal problems for bar owners. For example, do... Continue reading
Posted Aug 16, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) It is a question I have been asked a number of times over the past few years: If a lender refinances an existing mortgage, does the new lender step into the shoes of the old lender in terms of priority? In other words, if... Continue reading
Posted Aug 8, 2017 at Pete's Take
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I know trampolines are fun, but everyone should know, thanks to The Simpsons, that they are a recipe for (legal) disaster: Apparently some people missed this episode, as a recent decision from the Appellate Division, Panico v. Winner, demonstrates. [Note: In the second week... Continue reading
Posted Aug 4, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Lawsuits arising out of foreclosures and mortgage modifications are common. (Even more common than lawsuits about gyms or health clubs if you can believe that.) Nearly every day there is a decision from the Appellate Division arising out of a residential foreclosure. Most of... Continue reading
Posted Aug 1, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) In recent months I have written several times about the difficulty of enforcing arbitration agreements in New Jersey (e.g., here, here, and here). While the U.S. Supreme Court's decision in Kindred Nursing Centers v. Clark has some people confident that this will change, it... Continue reading
Posted Jul 26, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) Sometimes you read decisions and you don't understand how the court arrived at its conclusion based on the facts of the case. Then other times, the conclusion just makes sense. These are the decisions you read and think to yourself, "of course you can't... Continue reading
Posted Jul 24, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) I have written about the enforceability of waivers in health club membership agreements before, including just last week. Now the Appellate Decision has issued another decision on this same topic, Crossing-Lyons v. Town Sports International, Inc., which nicely illustrates the types of injuries that... Continue reading
Posted Jul 14, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) When is a sleeping dog a dangerous condition? This is the burning question that the Appellate Division answered in Parella v. Compeau. In Parella, plaintiff attended Christmas dinner at a friend's house along with approximately 20 other guests. After the second course, she got... Continue reading
Posted Jul 7, 2017 at Pete's Take
Image
by: Peter J. Gallagher (@pjsgallagher) (LinkedIn) New Jersey's Consumer Fraud Act ("CFA") is generally recognized as one of the strongest consumer protection laws in the country. It prohibits "any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation" that leads to an "ascertainable loss." But, certain "learned professionals"... Continue reading
Posted Jul 5, 2017 at Pete's Take
Image
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 Jun 23, 2017 at Pete's Take
Image
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
Image
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
Image
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
Image
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