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Court Bounces Trampoline Park's Arbitration Provision
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...
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'Til Death, Not Bank Levy, Do You Part: Creditor Must Prove Funds In Joint...
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,...
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Appellate Division Quotes Lucinda Williams, Orders Trial Court To Take Closer...
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...
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Virginia Approves Expanded Use Of Cannabis Extracts For Medicinal Purposes
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...
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Federal Reserve Approves Colorado Credit Union To Serve Cannabis Industy (But...
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...
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You Can't Be Compelled To Arbitrate In A Nonexistent Forum
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...
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In Lawsuit Over Allegedly Defective Baccarat Cards, Casino's Damages Capped...
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...
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No Expert Needed When Party's Attempt To Fix Clogged Tub "Bespeaks Negligence"
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...
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NJ Supreme Court Narrowly Defines "Aggrieved Consumer." End Of The Road For...
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.)...
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Arbitration Provision Bounced Again, Even After Kindred Nursing Decision.
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.)...
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New Jersey Court Answers The Burning Question: Can I Sue The Owner Of An...
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...
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Court Enforces Codicil Written In Decedent's Blood (Yes, You Read That...
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...
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The Pipes, The Pipes Are . . . Frozen! (Or, Who Is Liable For Property Damage...
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...
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Dog (Bite) Days of Summer, Part I: Owners Usually, But Not Always, Strictly...
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...
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Dog (Bite) Days Of Summer, Part II: Home Inspector Bitten While Inspecting...
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...
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A New Twist On Who Gets The House When The Relationship Ends
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...
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Party That Drafted Arbitration Provision Moves To Have Provision Deemed...
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...
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Lawyer Loses Challenge To Rule Limiting The Amount Of Time He Could Speak At...
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....
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"I'm strong to the fin-ich. Cause I eats me spin-ach. I'm Popeye the . . ....
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...
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Booze And Boating Don't Mix (But They Do Lead To An Interesting Discussion Of...
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...
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