Hackensack, New Jersey civil rights lawyer represented the Plaintiff who sued on an Americans with Disabilities Act violation theory.

The Americans with Disabilities Act (ADA) is a US civil rights law that prohibits discrimination based on disability in several areas: employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunicat... More...    $0 (07-10-2025 - NJ)

Newark, New Jersey personal injury lawyer represented Plaintiff who sued Defendant on product liability theory.

In March and June of 2022, Plaintiffs filed their complaints in the Superior Court of New Jersey, docketed as follows: Baker, et al. v. A. Clemente, Inc., et al., Case No. SLM-L-000098-22; Medford, et al. v. Clemente, Inc., et al., Case No. SLM-L-000046-22; Wilson v. Clemente, I... More...    $0 (05-03-2023 - NJ)

This case arises from a car accident that occurred on January 6, 2016, in Newark, New Jersey, between a car driven by Sconiers and a vehicle owned by USPS. About two weeks after the accident, Sconiers submitted an administrative tort claim form to USPS seeking damages for injuries that she claimed she suffered in the accident. Approximately seven months later, by letter dated July 14, 2016,... More...    $0 (07-27-2018 - NJ)

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...    $0 (01-14-2018 - NJ)

Plaintiff appeals from an order that granted summary judgment
to the State of New Jersey, dismissing her personal injury claim
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in othe... More...    $0 (11-02-2017 - NJ)

We draw the following facts from the trial record. On
November 29, 2013, a police officer on patrol in Pennsville saw
a box truck parked in the wrong direction on a street. He also
observed that its tires were over the fog line, partially in the
roadway. The officer approached the driver and passenger, who
explained that they were looking for the right address to make a... More...    $0 (06-06-2017 - NJ)

Pemberton Township contracted with the Pemberton First Aid
and Rescue Squad (Pemberton Rescue Squad) -- a private, non
profit organization -- to provide back-up emergency medical
services for the municipality. Defendant Brandon Morrison
served as a volunteer EMT on the Pemberton Rescue Squad and as
the Squad’s treasurer. Defendant was charged with official
misconduct... More...    $0 (12-17-2016 - NJ)

In this appeal, we must determine whether the trial court
properly denied defendant’s motion to suppress a rifle
discovered during a protective sweep of his apartment
immediately following his arrest in his living room. The court
rejected defendant’s claim that the limited search exceeded
constitutional limits. We must also determine whether the trial
court denied d... More...    $0 (04-30-2016 - NJ)

This appeal raises in part the novel issue of whether a
plaintiff, who was treated by a private medical provider under
contract to provide care to inmates at a county jail, must serve
that private entity with a tort claims notice before she can sue
the company for negligence. We hold that the Tort Claims Act
(the "TCA" or the "Act"), N.J.S.A. 59:1-1 to :14-4, does not More...    $0 (04-24-2016 - NJ)

Following an evidentiary hearing ordered by the Supreme
Court in State v. Adkins, 221 N.J. 300, 303 (2015), and with
leave granted, the State appeals from the Law Division's June 25,
2015 order granting defendant Timothy Adkins's motion to suppress
the blood alcohol content (BAC) results the State obtained from a
warrantless blood draw. We affirm.
I.
We begin b... More...    $0 (04-01-2016 - NJ)

The Workers' Compensation system has been described as an historic "trade-off" whereby employees relinquish their right to pursue common-law remedies in exchange for prompt and automatic entitlement to benefits for work-related injuries. Millison v. E.I. du Pont de Nemours & Co., 101 N.J. 161, 174, 501 A.2d 505 (1985). That characterization is only broadly accurate. In fact, not every worker inj... More...    $0 (02-25-2002 - NJ)

Hanover 3201 Realty, LLC (“Hanover Realty”) signed a contract with Wegmans to develop a supermarket on its property in Hanover, New Jersey. The agreement required Hanover Realty to secure all necessary governmental permits and approvals prior to breaking ground. Village Supermarkets, Inc. (“ShopRite”) owns the local ShopRite. Once ShopRite and its subsidiary Hanover and Horsehill Development L... More...    $0 (11-13-2015 - NJ)

Two members of the New Jersey State Police entered
plaintiff Denise Brown's home without a warrant and without
consent in order to "secure the apartment" while they sought a
search warrant for the premises. They were looking for evidence
of a home invasion they believed had been committed by her
boyfriend, and, specifically, for a stolen piece of jewelry they
had rea... More...    $0 (09-15-2015 - NJ)

This matter comes on before this Court on an appeal from an order entered in an action that plaintiff-appellee Joseph Stevens, a former employee of a subsidiary of defendant-appellant Santander Holdings USA Inc. (“Santander”), brought against Santander seeking to recover benefits from two disability benefit plans that Santander provided for its eligible employees. As an employee of a Santander sub... More...    $0 (08-24-2015 - NJ)

Because we are reviewing an order granting summary judgment in favor of Defendants-Appellees and a motion to reconsider that order, the following factual summary is based on the facts as averred by Plaintiff-Appellant Bryan Santini (“Santini”).1 This appeal arises from an altercation between Santini and several members of the New Jersey State Police that took place on February 3, 2009. (Deposition... More...    $0 (08-16-2015 - NJ)

New Jersey’s common law imposes a duty on commercial
landowners to clear public sidewalks abutting their properties
of snow and ice for the safe travel of pedestrians. No
corresponding duty is imposed on residential landowners. We
adhered to that distinction between commercial and residential
landowners in Luchejko v. City of Hoboken, 207 N.J. 191, 211
(2011), a cas... More...    $0 (08-13-2015 - NJ)

Appellant Bryan M. Santini appeals from two final
decisions of the District Court for the District of New Jersey:
(1) its September 18, 2013 decision granting summary
judgment against him and (2) its May 6, 2014 decision
denying his motion seeking reconsideration of the court’s
September decision. Santini v. Fuentes, Civ. Act. No. 11-639-
JAP, 2013 WL 5554257, at *6 (D.N.J.... More...    $0 (08-06-2015 - NJ)

The facts underlying this appeal—many of which are undisputed—are hardly believable. Plaintiff-Appellant, Byron Halsey, a young man with limited education, learned that the two small children for whom he had been caring had been tortured and murdered. He wanted to help in the investigation of these heinous crimes but found himself isolated in a police interview room, accused of the murders, to... More...    $0 (04-24-2014 - NJ)

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...    $0 (01-08-2014 - NJ)

Plaintiffs Linda and David Kubert were grievously injured by an eighteen-year-old driver who was texting while driving and crossed the center-line of the road. Their claims for compensation from the young driver have been settled and are no longer part of this lawsuit. Plaintiffs appeal the trial court's dismissal of their claims against the driver's seventeen-year-old friend who was texting the d... More...    $0 (08-30-2013 - NJ)

In 2009, Appellant Ryan Hart (“Appellantâ€� or “Hartâ€�)1 brought suit against Appellee Electronic Arts, Inc. (“Appelleeâ€� or “EAâ€�) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...    $0 (05-21-2013 - nj)

Defendants South Jersey Transportation Authority (SJTA) and the New Jersey State Police (NJSP) (collectively referred to as "defendants") appeal from a judgment in plaintiff Janet Henebema's favor, entered after a jury trial, and an order denying their motion for a remittitur. Plaintiff cross-appeals from an order denying her request for pre-judgment interest pursuant to Rule 4:58-2(a)(2).1
More...    $0 (04-01-2013 - NJ)

Defendant Port Authority of New York and New Jersey and defendant Modern Facilities Services, Inc., appeal from a judgment based on a jury verdict in favor of plaintiff Soma Mandal, M.D., for injuries suffered as a result of her fall at Pavonia Station in Jersey City on March 18, 2007. Because, among other things, the trial judge erroneously instructed the jury that the Port Authority was burdened... More...    $0 (04-04-2013 - NJ)

Plaintiff Kelly Ramos appeals the Law Division's April 29, 2011 order granting defendant Herbert Flowers' motion for summary judgment and dismissing his complaint with prejudice. We reverse and remand for further proceedings consistent with this opinion.

I.

We discern the following facts and procedural history from the record on appeal. Because we are reviewing a motion for summary j... More...    $0 (09-22-2012 - NJ)

In this matter, we consider whether a plaintiff, who was removed from public employment after positing a claim of employer retaliation in a civil service disciplinary proceeding, should be barred from seeking to circumvent that discipline through a subsequent Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, action also alleging retaliation. We hold that, under these facts, p... More...    $0 (09-13-2012 - NJ)

Plaintiff John Seals crashed into an electric utility pole owned by defendant Jersey Central Power & Light (JCP&L) and First Energy Corporation.1 The pole was located on private property a few feet off a road maintained by defendant Morris County in Washington Township. Plaintiff claims that JCP&L is liable for negligently placing the pole in a dangerous location where it was foreseeable that a ve... More...    $0 (05-14-2012 - NJ)

Plaintiff Elizabeth Tymczyszyn slipped on ice and fell on the sidewalk abutting Columbus Gardens, a multi-unit residential property owned and operated by defendant Hoboken Housing Authority. Plaintiff sued defendant to recover damages for injuries she sustained as a result of the fall. The trial court granted defendant's summary judgment motion based on the immunity conferred upon public entities ... More...    $0 (09-30-2011 - NJ)

Natalie J. Charney appeals from the District Court’s order granting summary judgment in favor of the City of Wildwood on her claim under the New Jersey Tort Claims Act. We will affirm.

I.

On August 25, 2006, at approximately 8:45 p.m., Charney was walking with her family on the boardwalk in Wildwood, New Jersey, when she tripped in a hole and fell.1 The hole, which was at the edge... More...    $0 (07-06-2011 - NJ)

This appeal involves a suit brought under 42 U.S.C. § 1983 by a New Jersey resident who was arrested by municipal police for violating a public intoxication ordinance. At issue is whether a federal cause of action exists when one is arrested for violating an ordinance that might be invalid under state law. We hold that it does not.

I

In October 2007, Joseph McMullen was arrested in ... More...    $0 (06-27-2011 - NJ)

Plaintiffs, J.M.S. and his former wife, S.S., are the paternal grandparents of J.W., born in 1999, and T.W., born in 2001; G.S. is J.M.S.'s current wife. Defendants, J.W. and E.W., are the adoptive parents and are cousins of the children's biological mother, J.M.1

This appeal requires us to consider plaintiffs' request for grandparent visitation where (1) plaintiffs were the children's temp... More...    $0 (06-20-2011 - NJ)

This civil-rights case was filed after law enforcement officers shot and killed a suspected car thief during a standoff. Immediately prior to the shooting, the suspect had been standing with his right hand concealed in his waistband and appeared to be clutching an object. After being ordered both to show his hands and to freeze, the suspect suddenly pulled his right hand out of his waistband—not... More...    $0 (03-04-2011 - nj)

On leave granted, we review an interlocutory order denying a motion for partial summary judgment filed by twenty-two defendants in this wrongful death and survival action. In their motion, defendants sought to have the claims against them dismissed pursuant to the Charitable Immunity Act ("the Act"), N.J.S.A. 2A:53A-7. The motion judge denied the application, based upon his perception that genuine... More...    $0 (12-13-2010 - NJ)

In this personal injury action, plaintiff Tracey Jackson appeals from a June 12, 2009 order granting summary judgment in favor of defendants Township of Hamilton police officer Daniel Contento and Township of Hamilton. The order dismissed plaintiff's complaint with prejudice for failing, as a matter of law, to meet the injury threshold of the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3. More specific... More...    $0 (10-06-2010 - NJ)

This interlocutory appeal requires us to decide whether it is constitutional for jails to strip search arrestees upon their admission to the general population. Although the question is one of first impression for this Court, the Supreme Court’s decision in Bell v. Wolfish, 441 U.S. 520 (1979), and the many cases that followed it inform our analysis.

In Bell, the Supreme Court rejected a ... More...    $0 (09-21-2010 - NJ)

At issue in these consolidated appeals is whether State causes of action in strict product liability, breach of express and implied warranty, and derivative claims for alleged defects in a medical device, the Cypher® Sirolimus-Eluting Coronary Stent (Cypher or device), manufactured by defendant Cordis Corporation (Cordis or defendant) are preempted by the Medical Device Amendments of 1976 (M... More...    $0 (07-23-2010 - NJ)

This appeal requires us to decide a question left unresolved in our prior opinion in this case, Massachi v. AHL Services, Inc., 396 N.J. Super. 486, 508 (App. Div. 2007), certif. denied, 195 N.J. 419 (2008). In particular, we now decide whether N.J.S.A. 52:17C-10, commonly known as the 9-1-1 immunity statute, provides immunity to employees of defendant City of Newark's (City) 9-1-1 emergen... More...    $0 (08-04-2010 - NJ)

Paris Wilson is the sole survivor of a tragic mass slaying. He was left for dead with life-threatening wounds as his mother and siblings lay dying nearby in their home. After enduring multiple stab wounds allegedly inflicted by his uncle, Paris was finally able——more than thirty hours after the attack——to telephone a Jersey City 9-1-1 operator for help. Rescue arrived almost immediate... More...    $0 (08-06-2010 - NJ)

Plaintiff Gloria Hubner was injured when she fell off a horse during a visit to defendant Spring Valley Equestrian Center in Newton. Defendant argues that even after giving plaintiff the benefit of all favorable factual inferences, her claim is barred by the Equine Activities Liability Act, N.J.S.A. 5:15-1 to -12 (Equine Act), or, alternatively, by the terms of a release she signed before ... More...    $0 (07-28-2010 - NJ)