Covenant House is one of the largest privately funded agencies in the world providing shelter, food, crisis care, and many other services to homeless and runaway youth. In addition to meeting basic needs, Covenant House provides support services and care designed to help homeless youth aged 16–21 transition into an independent adulthood, one that has minimal risk of future homelessness.

This was the third year that McGivney & Kluger, PC in conjunction with the Marquette Council 588 of the Knights of Columbus had sponsored a Christmas party at Covenant House, Newark, NJ. McGivney & Kluger employees, in conjunction with the Knights, spent the evening with Covenant House residents while preparing and serving them a Christmas dinner and provding them with gifts consisting of basic necessity items.

A M&K commercial landlord client recently received summary judgment in Massachusetts. The commercial landlord leased certain real property to a nightclub operator. During a concert at the nightclub, a mosh pit broke out and injured a bystander. The bystander claimed that the landlord owed a duty to keep him safe while on the premises. Brad Graham, an associate in M&K's Boston office, successfully argued that Massachusetts law does not recognize such liability.

Attorney Graham argued that under existing case law, there could only be potential liability for the commercial landlord client if the bystander’s injuries occurred within a common area of the property over which the commercial landlord maintained some control. The facts demonstrated that the bystander’s injuries occurred entirely within the leased premises and that the commercial landlord had not retained any control over that location. The Court agreed with the view of the facts and case law presented and, in a detailed written opinion, awarded summary judgment to the commercial landlord.

McGivney & Kluger, P.C., is pleased to announce that David Katzenstein, Charles McGivney and Michael Lunga have been named New Jersey Super Lawyers for 2011 and 2012. Mr. Katzenstein and Mr. McGivney have also been named NY Metro Super Lawyers for 2011 and 2012. Mr. Lunga has been identified as a Super Lawyer for the last eight years while Mr. Katzenstein and Mr. McGivney have been so honored for the last four years.

The firm is equally pleased to announce that Craig Waksler and Kevin Young have been named 2011 Massachusetts Super Lawyers and Kerryann Cook and Brad Graham have been named 2011 Rising Stars. Ms. Cook received this award for her work in the NY Metro area while Mr. Graham was recognized for Massachusetts. Mr. Waksler has received the Super Lawyer designation for the last four years.  

Previously, M&K attorneys Paul VanBuskirk, Joel Clark, and Eric Gernant have been named as New Jersey Rising Stars and Kerry Moore has been named a Massachusetts Rising Star.

Gary Intoccia obtained a no cause of action on behalf of his client in a matter tried in the United States District Court, Camden Vicinage, New Jersey. Mr. Intoccia represented a WaveRunner rental facility in New Jersey that rented the WaveRunners. Plaintiff was a passenger on a Waverunner involved in a collision with another WaveRunner rented by the same establishment. Plaintiff filed suit against both operators and the rental facility. Both operators were uninsured and in default.    

Plaintiff alleged that Mr. Intoccia’s client negligently instructed and supervised the operators and caused the accident. As a result of the accident, plaintiff, who was 16 years old at the time, sustained a serious leg injury requiring several surgeries and permanent hardware and scarring. After a full trial, the court found that plaintiff had not met his burden in proving that the rental facility was negligent by either providing deficient instructions or supervision of the WaveRunner renters. Rather, the court found the uninsured codefendants negligent and the ultimate cause of the accident.

On October 26, 2011 Jeff Beacham was selected by Chartis Insurance as one of their top ten Attorneys in the country.

Chartis annually honors ten attorneys who provide excellent legal services to the Chartis companies and their insureds. Attorneys are selected by Chartis claims representatives based on their support of the company and their legal abilities.

Mr. Beacham was named a top ten attorney during the 2011 DRI annual meeting held in Washington D.C. Supreme Court Justice Antonin Scalia and former President Bill Clinton were two of the speakers at this event.

Mr. Beacham recently spoke on the topic of Construction Defect Law at the McGivney & Kluger Product Liability and Environmental Law Seminar held in New York City on October 21, 2011.