In a recent unpublished opinion, Grandview at Riverwalk Port Imperial Condominium Association, Inc. v. K. Hovnanian at Port Imperial Urban Renewal II, et.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 […]
Cullen and Dykman LLP Blogs
Archives
- August 2019
- July 2019
- June 2019
- December 2018
- November 2018
- October 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- March 2017
- February 2017
- January 2017
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- May 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
Blog Title: Cullen and Dykman’s Blogs
The End of Pay and Chase? Proposed Changes to the CLPR Would Significantly Change Risk Transfer Paradigm in New York
July 9, 2019
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
June 21, 2019
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
June 19, 2019
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
June 17, 2019
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
June 14, 2019
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
June 10, 2019
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
December 4, 2018
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
November 21, 2018
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
October 31, 2018
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 […]