New Jersey Appellate Division Finds No Nexus Between Retailer’s Mode Of Operation And Grape On Store Floor

In Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021), the?New Jersey Appellate Division rejected a plaintiff’s argument that the trial court erred in ruling that the mode of operation doctrine did not apply to the facts of her case. Specifically, plaintiff contended defendant’s knowledge that customers routinely opened the clamshells to eat grapes and its practice of handing out loose grapes on some occasions established a nexus between […]

By | October 25th, 2021 ||

Ethical Considerations On Appeal

Most New York attorneys are familiar with Part §130, Costs and Sanctions, of the Rules of the Chief Administrator which requires that every pleading, written motion and other paper served on another party or filed or submitted to the court be signed by an attorney whose signature certifies that attorney’s good faith, informed belief that “the contentions therein are not frivolous.” 22 NYCRR §130-1.1(a). The intent of Part 130.1 is “to prevent the waste […]

By | October 15th, 2021 ||

Court Of Appeals Clarifies What Types Of Allegations May Be Cured Under Section 2699.3

On October 7, 2021, the California Court of Appeal (4th District) issued its decision in Quinonez v. Payless 4 Plumbing, Inc., Case No. E074467, clarifying what allegations in a notice letter to the Labor and Workforce Development Agency (LWDA) trigger a right to cure under Labor Code Section 2699.3(c). The cure provisions of Section 2699.3(c) provide a limited window for an employer to correct any alleged violations and explain in writing what corrective actions it […]

By | October 7th, 2021 ||