By: Peter J. Gallagher (LinkedIn)
In a recent decision, the New Jersey Supreme Court looked back to a time before social media was ubiquitous, a time when Facebook was cutting edge and perhaps even – pause for collective
Continue Reading “Once Upon a Time . . . in Legal Ethics and Social Media.”
By: Peter J. Gallagher (LinkedIn)
From the Appellate Division comes another case that sounds more like a law school hypothetical than real life. Here is the scenario: A driver is pulled over for a traffic offense. Signs point
Continue Reading Words of Warning: “If you promise the police that you will take charge of a drunk driver and his or her car, you will be counted on to do so.”
By: Peter J. Gallagher (LinkedIn)
In a case with facts that could have been ripped from a torts exam, the Appellate Division held that a woman who jumped into a canal to try to save a neighbor’s dog
Continue Reading Does the “rescue doctrine” apply to pets? (Warning: Dog lovers probably will not like the answer.)
By: Peter J. Gallagher (LinkedIn)
As summer is about to (unofficially) begin, a timely post about mixing drinking, dancing, and pools. (Spoiler alert: It usually doesn’t turn out great.) As a side note, in the 1990’s I occasionally
Continue Reading Drinking + Dancing + Pools = Obvious Hazard?
By: Peter J. Gallagher (LinkedIn)
When the history of arbitration agreements in New Jersey is written – OK, maybe that is an “if” more than a “when” – it will owe a great debt to trampoline parks. Over
Continue Reading Jump Back! Parent Lacks Apparent Authority to Bind Someone Else’s Child To Trampoline Park Waiver
By: Peter J. Gallagher (LinkedIn)
Just before the pandemic turned nearly all New Jersey courtrooms virtual, the Appellate Division issued its decision in Pathri v. Kakarlamath, which dealt with the standards trial courts should use to assess
Continue Reading Zoom! Zoom! Zoom! Only One Witness In The Room (For Remote Trial Testimony)
By: Peter J. Gallagher (LinkedIn)
It is not often that my fondness for both hip hop and interesting legal decisions collide, but the Appellate Division’s recent decision in Morgan v. Maxwell is one such occasion. The lead defendant
Continue Reading In life, obey the “golden rule;” at trial, avoid it.
By: Peter J. Gallagher (LinkedIn)
It has become a staple of teen/tween movies: Younger sibling has the same teacher as older sibling. Younger sibling hands in the same paper that older sibling used for that teacher a few
Continue Reading Practice Tip: Don’t recycle briefs (at least not the same brief in the same case)
By: Peter J. Gallagher (LinkedIn)
It has become a staple of teen/tween movies: Younger sibling has the same teacher as older sibling. Younger sibling hands in the same paper that older sibling used for that teacher a few
Continue Reading Practice Tip: Don’t use the exact same brief on appeal that you used in the trial court.
By: Peter J. Gallagher (LinkedIn)
There may come a day when the law regarding the enforceability of arbitration agreements is so well settled that courts no longer have to deal with the issue, but that day has not
Continue Reading Read or Not, Arbitration Agreement Emailed To Employee Deemed Enforceable
