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Recent Legal Developments Related to Our Practice Areas This page was last updated: August 9, 2010 (Notice: The case summaries on this page are not intended to provide legal advice. Interested parties should consult the original sources.) New Jersey - Spoliation - The New Jersey Supreme Court held that Courts confronted with spoliation in commercial construction litigation should consider the identity of the spoliator, the manner in which the spoliation occurred,; the prejudice to the non-spoliator and whether that party bears any responsibility for the loss of spoliated evidence, and the alternate sources of information available to the non-spoliator. Courts should balance all of those considerations in crafting an appropriate remedy consistent with fundamental fairness.. Robertet Flavors,Inc. v. Tri-Form Construction, Incorporated (Docket No. A-70/71-08)(August 3, 2010) ❖ New Jersey - Affidavit of Merit - The New Jersey Supreme Court held that the failure to hold a Ferreria conference does not toll the time limitation for the filing of an Affidavit of Merit required by N.J.S.A. 2A:53A-27. Paragon Contractors, Incorporated v. Peachtree Condominium Assoc., et al. (Docket No. A-41-2009)(June 28, 2010) ❖ New Jersey - Consumer Fraud - The Appellate Division held that the individuals at a business who personally participated in a regulatory violation under the Consumer Fraud Act can be held personally liable. Allen v. V and A Brothers, Incorporated (Docket No. A-4427-08T14424-08T1)(June 23, 2010) ❖ New Jersey - Consumer Fraud - Arbitration - The Appellate Division held that the plaintiff did not waive her right to a jury trial and could not be forced to arbitrate his Consumer Fraud Act claim against GMAC where the contract did not specifically indate and intent to submit statutory claims to arbitration. GMAC v. Pittella (Docket No. A-3876-08)(May 26, 2010) ❖ New Jersey - Consumer Fraud - Arbitration - The Appellate Division held that the plaintiff waived his right to a jury trial and could be forced to arbitrate his Consumer Fraud Act claim against Verizon Wreless where the contract stated that any controversy or claim is subject to arbitration and the cellular agreement defined claims to include the statutory right for reimbursement of attorney’s fees. Curtis v. Cellco Partnership (Docket No. A-5863-07)(April 15, 2010) ❖ New Jersey - Architectural Malpractice - The Appellate Division held that in opposing a motion for summary judgment, it is sufficient that plaintiff’s expert testify based on his understanding of the consensus in the architectural community and need not cite to a written standard. Vitale v. Seibert (Docket No. A-3638-08T)(December 11, 2009) ❖ New Jersey - Affidavit of Merit - The New Jersey Supreme Court ruled that defendants who brought in their surveyor in on a third party complaint seeking indemnification and contribution need not submit an affidavit of merit supporting a claim for professional negligence until the plaintiff has submitted evidence that the surveyor had committed an error. Highland Lakes Country Club and Community Assoc. v. Nicastro, (Docket No.

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