Why does Santa need a lawyer?
That oversight was Santa Claus and the many risk-filled tasks which his profession entails. Let's consider the full scope of the big guy's work and...
A Victory for Elizabeth’s Workers!
Tonight is a tremendous victory for over 25,000 Elizabeth workers who will never again have to choose between their livelihood and their family's health.†-...
Top 10-What New Jersey Drivers Need to Know About Auto Insurance
1. The Coverages : There are 5 types of coverages A. Personal Injury Protection (PIP) – This is the coverage that pays the doctors if you...
You Can Stay at the Y.M.C.A. (not really, but you can sue ‘em)
The Honorable Stephanie A. Mitterhoff, J.S.C., in a well written and thorough opinion, held that the YMCA is not a charitable organization for purposes of...
Put Down The Cellphone
When you get behind the wheel, think about putting down the cellphone and listening to some music. The National Safety Council has estimated that 1...
Preventable Medical Mistakes Takes Third Place
Preventable medical mistakes are the third leading cause of death in the United States, right after heart disease and cancer. Generally, doctors are all very...
You Keep Knocking But You Can’t Come in, Locking the Rule 703 Backdoor
At trial, attorneys sometimes want the jury to hear about reports and conclusions of treating doctors without actually having those treating doctors come to court...
Bar and Tavern Negligence – Dram Shop Acts of New York and New Jersey
Both New Jersey and New York have laws in place to protect the rights of people who suffer losses as a result of the negligent...
The Importance of Civil Reservations in Automobile Accident Cases
This week, in Maida v. Kuskin, the New Jersey Supreme Court addressed an important aspect of civil reservations. A civil reservation is a request made...
Eight Seconds Out of the Vehicle is Too Long For Purposes of UIM Coverage, Says Appellate Court
Severino v. Malachi – UIM In Severino v. Malachi, the Appellate Division of the Superior Court of New Jersey recently held that two individuals who had...
Arbitrator’s Decision Denying Ailing Woman an Emergent Hearing Held to be “Shocking” by Court
The New Jersey Law Journal reports that a Mercer County Superior Court Judge has overturned a PIP arbitrator’s decision denying a plaintiff, called I.R. in...
Dram Shop Law Does Not Require Establishment to Monitor Level of Intoxication of Patron Not Being Served with Alcohol
On May 7, 2009, the New Jersey Supreme Court held in Bauer v. Nesbitt, that an establishment serving alcoholic beverages to patrons does not have...
Appellate Division Applies Estoppel to Stop Auto Insurer from Asserting Step-Down Provision for UIM Coverage
In Boritz v. New Jersey Manufacturers Insurance Company, the Appellate Division of the Superior Court of New Jersey held that under the equitable doctrine of...
Waving a Car Into Traffic Prior to Crash Results in Liability
A Monmouth County jury awarded $1.5 million to Michael Lewis of Asbury Park, NJ as compensation for serious injuries he sustained when he collided his motorcycle...
Can Employers Be Held Liable for Auto Accidents Caused by Tired Employees?
On April 2, 2009, the Appellate Division in Riley v. Keenan, et al., considered the issue of whether an employer can be held liable for...
Supreme Court Clarifies “Substantial Nexus” Requirement to Trigger Automobile Insurance Coverage
On March 25, 2009, the Supreme Court of New Jersey decided the case of Penn National Ins. Co. v. Costa. In this case, the plaintiff,...
State Senator’s Participation as Juror Results in Mistrial
The Appellate Division reversed an $876,000 personal injury verdict today in Barber v. ShopRite because, among other reasons, State Senator Robert Martin’s presence on the...
Inadequate Warning Lawsuits Can Proceed Against Drug Manufacturers
The Supreme Court of the United States decided the case of Wyeth v. Levine today and held that injured plaintiffs can bring lawsuits against drug...
Another Verbal Threshold Hurdle
Today, the Jersey Lawyer reports that the New Jersey Supreme Court has cemented another hurdle for plaintiffs to jump over in order to get over...