Joy Harmon Sperling and Sarah Sakson Langstedt wrote an article, “New Jersey Appellate Division Holds Bank Has Standing to Foreclose Even If Allonge to Note Was Not Affixed When Executed,” for Pratt’s Journal of Bankruptcy Law. The article analyzes the significance of the New Jersey Appellate Division’s recent decision in U.S. Bank National Association v. Morris Bayonne Associates I, LLC. In that case, the court ruled that the plaintiff in a foreclosure action had established a prima facie case for foreclosure even though the allonge to the note was not physically attached when the allonge was executed.
John Cerreta wrote an article, "Design Defects at the Connecticut Supreme Court: A Doctrine in Flux," for The Connecticut Law Tribune.
Erick Sandler wrote an article, "Court Sets Standard for Application of Attorney-Client Privilege to Mixed-Purpose Communications," for The Connecticut Law Tribune.
On September 16, 2016, C. John DeSimone, III co-presented at the New Jersey Association of Corporate Counsel’s 14th Annual All-Day CLE Conference at the Hannover Marriott located in Whippany, New Jersey.
Paul D. Williams and Jennifer Shukla updated the Q&A guide "Initial Civil Appeals: Connecticut" for Practical Law. This Q&A addresses starting an appeal (as of right or by permission), obtaining a stay pending appeal, completing preliminary requirements (like mediation), submitting a factual record or appendix, briefing the appeal, arguing the appeal and requesting rehearing.
Jim Rotondo and Jennifer Shukla wrote an article, "Conn. High Court Modifies Design Defect Standards," for Law360. The article is about the significance of the decision in Izzarelli v. R.J. Reynolds Tobacco Co., 321 Conn. 172 (2016) (officially released May 3, 2016) nicknamed by the media as the "Good Tobacco" litigation. With the decision, the Connecticut Supreme Court altered the legal landscape in Connecticut for design defect product liability claims. The authors describe the case as "Connecticut Supreme Court’s attempt at finding a middle ground in a national debate about the best standard to use in design defect product liability cases." The plaintiff sued R.J Reynolds for allegedly intentionally manipulating the additives and nicotine content in its Salem brand of cigarettes to make the cigarettes more addictive and consequently more carcinogenic and won the first trial. The case established that the modified consumer expectations test, which involves balancing several risk and utility factors and will generally require expert evidence, is the default and primary standard for design defect cases in Connecticut. The case fits squarely within a national trend of moving away from the ordinary consumer expectations test in design defect cases.
Day Pitney Press Release
Day Pitney Press Release
Paul Halasz was quoted in an article, "Consumer Court Wins Spur Surge In NJ Contract Class Actions," in Law360.
Michael Furey was quoted and Dennis LaFiura was mentioned in an article, "Confidentiality is Key Issue in Heating-Up OMNIA Litigation," in New Jersey Law Journal.
Michael Furey and Dennis LaFiura were mentioned in an article, "Horizon Can't Keep OMNIA Docs Hidden From Challengers," in Law360. Day Pitney is representing seven New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, two-tiered health plan called OMNIA. Judge Robert P. Contillo found on April 22 that financial analysis of the impact upon two hospitals of Omnia conducted by Horizon is "highly relevant" information and must be produced during discovery. He also found that Horizon failed to establish the document as privileged attorney work, privileged attorney-client communications or a confidential self-critical analysis.