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    In a recent unpublished opinion, Grandview at Riverwalk Port Imperial Condominium Association, Inc. v. K. Hovnanian at Port Imperial Urban Renewal II, et. al., (Docket No.: A-2308-17T2, Decided August 13, 2019) the New Jersey Appellate Division reaffirmed that where construction managers seek contractual indemnification for their own negligence, the contractual language imposing an indemnity obligation […]

    The End of Pay and Chase? Proposed Changes to the CLPR Would Significantly Change Risk Transfer Paradigm in New York

    Historically, New York’s procedural rules prohibited plaintiffs from directly suing, and recovering judgments against, third-party defendants. In our practice, this rule most commonly comes up in two ways: Plaintiff’s recovery is limited to what the defendants can pay, regardless of the financial resources of third parties who might be liable to the defendants. Defendants are […]

    Cullen and Dykman’s Construction Litigation Group Completes OSHA-30 Training As New York Implements New OSHA Requirements For Construction Workers

    Cullen and Dykman’s Construction Litigation Group, which consists of over thirty attorneys licensed in both New York and New Jersey, recently completed the Occupational Safety and Health Administration (“OSHA”) thirty hour course. OSHA is a federal agency that administers standards and rules for employers across the country, including construction companies, contractors, and developers. In the […]

    Not All Speech in the Classroom is Protected

    The First Amendment and workplace discrimination commonly intersect when an employee claims unlawful retaliation, suspension, or termination based upon the employee’s exercise of an ostensible right to free speech and expression. Dr. Teresa Buchanan was a tenured professor at Louisiana State University where she taught in the Early Childhood Program for teacher education before she […]

    Denial of NCAA Eligibility Waivers Continues to Spark Dispute

    Under NCAA rules, a player may avoid sitting out a year like the standard transfer by gaining an eligibility waiver, typically referred to as a hardship waiver. The NCAA will grant a waiver if it finds there are sufficient “mitigating circumstances” for doing so.  According to the NCAA, “[a] common circumstance is a student-athlete facing […]

    Employees Are Not Barred from Bringing Discrimination Suits Against Employers for Failing to Properly File A Charge with the EEOC

    For years, courts have been split on whether they could hear an employee’s discrimination claim if the employee failed to properly file a charge with the U.S. Equal Employment Opportunity Commission (the “EEOC”). The Supreme Court of the United States recently settled this debate. In Fort Bend County v. Davis, the Supreme Court held that […]

    Harvard’s First African-American Faculty Dean Let Go Amid Harvey Weinstein Controversy

    Following months of protest and inquiry, Harvard University announced that it will not renew the appointments of Ronald S. Sullivan Jr., a high-profile defense lawyer who had joined Harvey Weinstein’s legal team, and Stephanie R. Robinson, Sullivan’s wife, as faculty deans of Winthrop House, an undergraduate residential college. The couple – Harvard’s first African-American faculty […]

    New Rules for Complex Construction Litigation in New Jersey

    On September 1, 2018, New Jersey’s Complex Business Litigation Program (“CBLP”) officially took effect and an entire new set of procedural rules designed to streamline case management, Discovery, and motion practice in complex construction cases became operative. These rules, which are found in a new Chapter XI within Part IV of the New Jersey Rules […]

    U.S. Department of Education Releases Proposed Title IX Regulations

    On November 16, 2018, U.S. Secretary of Education Betsy DeVos released sweeping new regulations that could substantially alter how colleges and universities handle allegations of sexual misconduct. This action comes in the wake of DeVos’ 2017 revocation of Title IX guidance issued under the Obama administration, which had called for greater enforcement of Title IX, […]

    Construction Litigation Group Secures Summary Judgment on Major New York Construction Lawsuit

    The Construction Litigation Group has secured a complete dismissal of a New York Labor Law personal injury suit where the injured Plaintiff claimed 5 surgeries, over $3 million in lost wages and a total damages claim including pain and suffering of over $6 million dollars.  The suit was brought by an iron worker Plaintiff represented […]