Christopher Stracco, Craig Gianetti and Katharine Coffey authored an article, "A Movement in New Jersey to Protect Land Use Applicants from Sham Litigation by Business Competitors," for Law360. The article discusses a recent New Jersey Appellate Division opinion which provides guidance to trial courts on how to discern the difference between constitutionally protected behavior and anti-competitive misconduct. In Main Street at Woolwich, LLC v. Ammons Supermarket, Inc., et al., Docket No. A-0713-15T3 (App. Div. July 25, 2017), the Appellate Division reversed the Chancery Division's dismissal of an abuse of process claim against competitors who challenged a shopping center in Woolwich Township. Facing an issue of first impression in New Jersey state courts, the Appellate Division adopted the reasoning of the U.S. Court of Appeals for the Third Circuit in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., 806 F.3d 162 (3d Cir. 2015), cert. denied, 136 S.Ct. 2451, 195 L. Ed. 2d 264 (2016), and concluded that the Chancery Division should have considered the developer's allegations that the competitor's action was "part of a pattern of sham litigation brought by defendants for the purpose of injuring market rivals rather than to redress actual grievances." The authors wrote, "there seems to be a growing momentum by the courts to seriously scrutinize these 'sham litigation' filings, which in turn may result in more claims filed against competitor objectors."
Chase Rogers, former Chief Justice of the Connecticut Supreme Court, served as faculty at the New Appellate Judges Seminar, sponsored by the Institute of Judicial Administration (IJA) at New York University School of Law from July 15 – 20 in New York City.
Day Pitney Alert
On May 31, Michael Furey will be speaking at "Commercial Litigation from the Masters," a program being presented by the New Jersey Institute for Continuing Legal Education (NJICLE) and being held at the New Jersey Law Center in New Brunswick, NJ.
Day Pitney Alert
Elizabeth (Beth) Sher was invited to participate in a National Institute of Trial Advocacy (NITA) symposium and training program in Tokyo that took place September 2-3, 2017.
Day Pitney Press Release
Gary Betensky and Michael Napoleone were featured in a profile, "Day Pitney LLP: Firm Expands to Better Serve South Florida Clients," published in the March issue of The Boca Raton Observer magazine.
Day Pitney's representation of Walmart is noted in a Law360 article, entitled "Walmart Wins At NJ High Court In Fight Over Medical Terms."
Jed Davis was quoted in a feature article, "The Privacy Fight For Digital Data Warrants Is Just Starting," published by Law360.
Day Pitney LLP, led by partner Michael Furey, is representing a major retailer in connection with a personal injury case of first impression that is pending in the Supreme Court of New Jersey.