Rachael Marvin is an Associate in Tyson Mendes’ New York office. Her practice focuses primarily on professional liability, privacy, data and cybersecurity, New York labor law, commercial litigation, and product liability.
Ms. Marvin previously participated in Tyson & Mendes’ Clerkship program in San Diego as a member of the Complex Trial Team, where she worked on high-exposure complex litigation matters, drafted dispositive motions, including a summary judgment motion and motion to dismiss, and assisted with all aspects of trial preparation. Her specifically tailored approach to each case has resulted in numerous favorable settlements for the firm’s clients.
Ms. Marvin earned her B.A. from James Madison College at Michigan State University in 2017, and her J.D. from Villanova University School of Law in 2020. During law school, she furthered her passion for civil defense through her work at the New Jersey Attorney General’s Office in the Tort Litigation Section. She also served as a Managing Editor of Student Works on the Jeffrey S. Moorad Sports Law Journal, where her student comment was published in Spring 2019.
Outside the office, Ms. Marvin enjoys watching Broadway performances and exploring NYC.
A federal judge in California recently dismissed a lawsuit which sought to extend the employer’s duty to provide a safe workplace, including protecting employees from COVID-19 exposure, to the employees’ family members. Corby Kuciemba and her husband recently filed suit against the husband’s employer, Victory Woodworks, Inc., for failing to take precautions to prevent the spread of COVID-19 in the workplace, which allowed the disease to spread from the…
A movie theater is on the hook for business losses due to COVID-19 shutdown orders, after the New York Supreme Court in Nassau County ruled the loss of the use of premises due to COVID-19 does not constitute a direct physical loss triggering business interruption coverage. Judge Driscoll recognized New York precedent requires a tangible physical alteration to the policyholder’s property, which did not occur in the case of Soundview Cinemas Inc. v. Great American Insurance Group.
Under New York property law, a landlord may bring a special proceeding to remove tenants who continue to occupy the premises without permission after the lease term is over. This provides New York state courts with broad authority to remove holdover tenants. However, recent Executive Orders issued by Governor Andrew Cuomo and Administrative Orders issued by the Chief Administrative Judge in response to the COVID-19 pandemic have sharply limited…
Two important lawsuits have paved the way for business interruption coverage cases in New Jersey due to COVID-19: Optical Services USA v. Franklin Mutual Insurance Co. and Mac Property Group LLC v. Selective Fire & Casualty Insurance Co. Both are recent Superior Court decisions, decided on August 13, 2020, and November 5, 2020, respectively. In both cases, New Jersey Superior Courts addressed the key issue of whether…
New Jersey’s proposed Senate Bill S21 would legalize the personal use of cannabis for adults over 21. The bill, introduced on November 5, 2020, removes marijuana as a schedule I drug and allows for state regulation by the New Jersey Cannabis Regulatory Commission. Once retail sales of cannabis have begun, possessing, purchasing, and transporting cannabis will no longer be an offense under the New Jersey Code of Criminal Justice.