2015 Fatal Crashes on New Jersey Roadways
Initial reports indicate that fatal crashes on New Jersey’s major roadways decreased slightly in 2015 as compared to previous years. The breakdown of who was...
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.†-...
Big Business is Taking Away Your Rights. Now Here’s What You Can Do…
In our recent series of blog posts, we have discussed how corporations are taking away the rights of both their consumers and employees through arbitration...
What some judges are calling a get out of jail free†card for big business….
the arbitration clause is something that companies are including in their customer agreements which takes away that customer's right to join a class-action lawsuit. ...
WARNING: Look Out for the Fine Print
Buried among the pages of fine print is one all-important word that is leading people to completely waive a constitutional right. ...
Work in a Virtual Office? Workers’ Compensation Laws Apply
One thing is clear in New Jersey and around the country, Workers' Compensation laws do in-fact extend to the virtual workplace. ...
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...
Ascertain This!
Just last month, New Jersey’s Appellate Division, in Daniels v. Hollister Co., held that ascertainability†should not be considered as a factor by New Jersey...
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...
Why Culture Matters in Contract Law
Oftentimes in the law, we take a very narrow view of the role an individual’s cultural background plays in a litigated legal matter. In most...
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...
Patients Beware – Surgeon Might Refuse Your Insurance Even if Hospital Accepts It
In the recent case of Pagnani-Braga-Kimmel Urologic Assoc., P.A. v. Chappell, Atlantic County Superior Court Judge Joseph E. Kane was presented with an interesting issue:...