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Peter J. Gallagher
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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 3 days ago at Pete's Take
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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
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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
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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
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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
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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
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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
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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
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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 Jun 23, 2017 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