Pete's Take

Subscribe
Visit Blog
By: Ferro Labella & Weiss LLC

Blog Authors

Peter Gallagher

Latest from Pete's Take

https-petestakeblog-files-wordpress-com-2021-03-oip-1-jpgw284
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 years prior. Younger sibling gets caught, parents are called, awkward meeting with principal follows, younger sibling is punished, hilarity ensues. Minus the hilarity ensuing, we now have the legal version of this trope. In Conboy …
https-petestakeblog-files-wordpress-com-2021-03-oip-jpgw284
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 years prior. Younger sibling gets caught, parents are called, awkward meeting with principal follows, younger sibling is punished, hilarity ensues. Minus the hilarity ensuing, we now have the legal version of this trope. In Conboy …
https-petestakeblog-files-wordpress-com-2018-10-arbitration-pd-jpgw1024
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 yet arrived. In Jasicki v. Morgan Stanley Smith Barney, LLC, the Appellate Division was once again asked to determine the enforceability of an arbitration agreement between employer and employee. Unlike many cases, however, the…
inigo-montoya.jpg
by: Peter J. Gallagher (LinkedIn) The Appellate Division recently invoked the great Inigo Montoya in a decision on New Jersey’s law against “operating a vehicle while under the influence.” (For those who don’t know Inigo Montoya from The Princess Bride or are unfamiliar with his famous observation – “You keep using that word. I do not think it means what you think it means” – shame on you, but also click here.)…
facebook_logo.jpg
by: Peter J. Gallagher (LinkedIn) In what has become more and more common in recent years, a New Jersey court recently had to decide whether to allow a plaintiff to serve a defendant over Facebook rather than in person or through other more traditional means. In 252 Main NM, LLC v. John R. Heywang, Lauran Heywang, and American Express Centurion Bank, the trial court’s ruling was a mix of the old and…
pirates-of-penzance.jpg
by: Peter J. Gallagher (LinkedIn) In Pathri v. Kakarlamath, the issue before the court was whether a witness could testify via contemporaneous video transmission in a divorce trial. The trial court denied the witness’s request to do so and the issue went up on appeal, where the Appellate Division began its decision, naturally, by referencing Gilbert & Sullivan’s “The Major General’s Song” from The Pirates of Penzance: In most respects,…
c017d-6a0133f2340c48970b01b8d25b6325970c-pi.png
by: Peter J. Gallagher (LinkedIn) The New Jersey Supreme Court’s recent decision in Shields v. Ramslee Motors, is the latest in a seemingly endless series of cases dealing with the duties of landlords and tenants to keep their property clear of snow and ice. These cases usually involve sidewalks, but Shields involved a driveway. In Shields, plaintiff was a Federal Express delivery man. After delivering an envelope to the tenant’s car dealership,…
balance-154516_960_720.png
by: Peter J. Gallagher (LinkedIn) Procedural issues are usually pretty boring, but the issue in N.J. Div. of Child Prot. & Permanency v. A.L. is different. OK. It might still be boring to most, but it is interesting (or at least informative) if you have ever spent weeks researching and drafting an appeal only to have an appellate court reject your position with a short opinion. The underlying case in A.L. is sad,…
arbitration-pd.jpg
by: Peter J. Gallagher (LinkedIn) Arbitration awards are rarely overturned. The standard to vacate an award is high, and judicial review of awards is often unexacting. So when a court overturns an award, it is usually worth a closer look. And one recent decision from the U.S. Court of Appeals for the Ninth Circuit, Monster Energy Company v. City Beverages , LLC, is definitely worth a closer look. In Monster, the court…
chihuahua.jpg
by: Peter J. Gallagher (LinkedIn) After reading the opening paragraph of the Appellate Division’s decision in Rivera v. Canseo, I was hooked. Here it is: [Plaintiff] owns a female chihuahua. Defendant . . . owns a male Chihuahua. [Plaintiff] and [defendant] reached an oral agreement to have their dogs mate. [Plaintiff] was to obtain puppies from the mating and [defendant] was to receive consideration for the use of his dog. Interesting facts,…