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Publications

  • New Jersey’s Highest Court Limits the Mode of Operation Doctrine

    NJ Supreme Court Limits Mode of Operation Doctrine

    April 20, 2022

    The Supreme Court of New Jersey limited the application of the judicially created rule known as the “mode of operation” doctrine, which relieves a plaintiff of the burden of proving actual or constructive notice of a dangerous condition in a situation in which a dangerous condition is likely to occur as a result of the nature of the business, the property’s condition or a demonstrable pattern of conduct or incidents.

  • Good News for NJ Commercial Property Owners: State Supreme Court Adopts Ongoing Storm Doctrine

    NJ State Supreme Court Adopts Ongoing Storm Doctrine

    June 22, 2021

    On June 10, 2021, the Supreme Court of New Jersey adopted the ongoing storm rule, stating that commercial landowners do not have the absolute duty, and the impossible burden, to keep sidewalks on their property free from snow or ice during an ongoing storm. The court defined two unusual circumstances or exceptions to the ongoing storm rule that could impose a duty.

  • Workers’ Compensation Liability & COVID-19: A Comparative Law Review

    September 24, 2020

    Wilson Elser attorneys present the current statutory framework, recent changes to the law in response to the novel coronavirus pandemic.
  • The 2019 Honig Act Means New Obligations for New Jersey Employers Around Cannabis at Work

    New Obligations for NJ Employers Around Cannabis at Work

    March 4, 2020

    New Jersey’s recently enacted Honig Act states “it shall be unlawful to take any adverse employment action against an employee who is a registered qualifying patient based solely on the employee’s status as a registrant with the Cannabis Regulatory Commission established pursuant to the law. The Act defines “adverse employment action” as “refusing to hire or employ an individual, barring or discharging an individual from employment, requiring an individual to retire from employment, or discriminating against an individual in compensation or in any terms, conditions, or privileges of employment.”