Don’t copy my Wallaby…the battle of the wine makers

February 28, 2011

The producer of Yellow Tail wine has filed a federal law suit in New York against the maker of Little Roo wine for trademark infringement.  Yellow Tail (the nation’s best-selling imported wine) is alleging that Little Roo’s label, which features a kangaroo, is an attempt to profit off of the wallaby used on Yellow Tail’s labels.  It is Yellow Tail’s position that Little Roo is using the kangaroo in its marketing to confuse consumers into thinking that Little Roo wine is the same as, or affiliated with Yellow Tail.  Read the Wall Street Journal article here.  Yellow Tail filed a similar suit in 2009 against Bronco Wines (producers of “two buck chuck”) alleging trademark infringement when they applied for labels featuring wallabies.  Bronco Wines intended to offer a $3 bottle of wine called Down Under.

— Erik Anderson, Esq.

Reardon Anderson is a Tinton Falls, New Jersey based law firm which represents the interests of businesses, insurance companies and individuals throughout New Jersey and the metropolitan New York City area. Please visit our website at http://reardonanderson.com to learn more about our firm.


NJ Senate Urges Justice Rivera-Soto to Resign

February 21, 2011

The New Jersey Senate has passed a non-binding resolution urging Supreme Court Justice Rivera-Soto to resign if the Assembly does not begin impeachment proceedings.  As previously reported in this blog here and here, Justice Rivera-Soto has created controversy by refusing to participate in cases in which a temporarily appointed judge casts the deciding vote.  This stems from Governor Christie’s refusal to renominate former Justice John Wallace.  The resolution provides that “it is the sense of the Senate that the actions of Justice Rivera-Soto are prejudical to the administration of justice and constitute a serious violation of the public trust.”

The resolution is only symbolic as the Assembly has indicated that they have no plans of starting impeachment proceedings against Justice Rivera-Soto.

— Erik Anderson, Esq.

Reardon Anderson is a Tinton Falls, New Jersey based law firm which represents the interests of businesses, insurance companies and individuals throughout New Jersey and the metropolitan New York City area. Please visit our website at http://reardonanderson.com to learn more about our firm.


Reardon Anderson’s client dismissed from Construction Accident Lawsuit

February 8, 2011

On February 4th, Reardon Anderson was successful in persuading a New Jersey Court to dismiss its client from a lawsuit involving a construction site accident.  In that matter, Reardon Anderson’s client was the owner of a multimillion dollar housing development which was being constructed in Northern New Jersey.  While working on the project as a carpenter, plaintiff alleged to have sustained injuries as a result of stepping into a plumbing hole.  Due to his injuries, plaintiff underwent two knee surgeries and claimed that he would require a total knee replacement.  At one point during the litigation, plaintiff’s demand was in excess of $500,000.

The plaintiff opposed Reardon Anderson’s motion for summary judgment arguing that the owner of the project owed a non-delegable duty to the plaintiff to provide a safe working environment.  After hearing oral argument, the judge granted Reardon Anderson’s motion for summary judgment and dismissed their client from the lawsuit.

— Erik Anderson, Esq.

Reardon Anderson is a Tinton Falls, New Jersey based law firm which represents the interests of businesses, insurance companies and individuals throughout New Jersey and the metropolitan New York City area. Please visit our website at http://reardonanderson.com to learn more about our firm.


Gov. Christie Signs Law Giving Injured Persons Priority Over PIP Carriers

February 2, 2011

Governor Chris Christie has signed S-191 which amends the Personal Injury Protection statute (N.J.S.A. 39:6A-9.1(b)) to provide that a injured party must be made whole prior to a PIP carrier seeking recovery from an at fault party’s insurer.  As previously reported in our blog, the proposed law passed both houses of the legislature without opposition.  The newly amended law provides that “any recovery by an insurer, health maintenance organization or governmental agency…shall be subject to any claim against the insured tortfeasor’s insurer by the injured party and shall be paid on after satisfaction of that claim, up to the limits of the insured tortfeasor’s motor vehicle or other liability policy.

The amended law nullifies the Supreme Court’s decision in Fernandez v. Nationwide which held that it was proper to give priority to a carrier seeking to be reimbursed for PIP benefits it had paid out even if it reduced the amount of money which could be recovered by an injured party.

— Erik Anderson, Esq.

Reardon Anderson is a Tinton Falls, New Jersey based law firm which represents the interests of businesses, insurance companies and individuals throughout New Jersey and the metropolitan New York City area. Please visit our website at http://reardonanderson.com to learn more about our firm.