California Leads Nation In Preserving Remote Appearances; Proposed Legislation Allows Virtual Appearances, Testimony And Trials

Top of mind for many legal commentators is whether remote appearances are here to stay. With courts across the nation resuming in-person trials, legal commentators are wondering whether this foreshadows the end of appearing remotely for members of the bar.

Remote appearances have been hailed as a silver linings of the pandemic, saving lawyers and witnesses travel time while offering clients the ability to watch the proceedings from afar. With mask mandates in place, remote […]

By | November 8th, 2021 ||

New Jersey Appellate Division Finds No Nexus Between Retailer’s Mode Of Operation And Grape On Store Floor

In Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021), the?New Jersey Appellate Division rejected a plaintiff’s argument that the trial court erred in ruling that the mode of operation doctrine did not apply to the facts of her case. Specifically, plaintiff contended defendant’s knowledge that customers routinely opened the clamshells to eat grapes and its practice of handing out loose grapes on some occasions established a nexus between […]

By | October 25th, 2021 ||

Ethical Considerations On Appeal

Most New York attorneys are familiar with Part §130, Costs and Sanctions, of the Rules of the Chief Administrator which requires that every pleading, written motion and other paper served on another party or filed or submitted to the court be signed by an attorney whose signature certifies that attorney’s good faith, informed belief that “the contentions therein are not frivolous.” 22 NYCRR §130-1.1(a). The intent of Part 130.1 is “to prevent the waste […]

By | October 15th, 2021 ||