The Appellate Division has held that an expert witness cannot provide an opinion with regard to proximate cause. In rendering its decision, the Court noted that "proximate cause is a factual issue to be resolved by the jury…more
A New Jersey Appellate Division Court holds that the plaintiffs were precluded from utilizing a Social Security Administration disability determination in a personal injury action…more
The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator.
The New Jersey Supreme Court has held that “if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes to…more
The New Jersey Supreme Court has issued a ruling in Willingboro Mall v. Franklin Avenue, LLC that when settlement is reached at a mediation, the terms of the settlement must be memorialized in writing before the mediation…more
The New Jersey Senate has reintroduced the “Consumer Protection Act,” which would establish a private cause of action which would allow insureds (or their assignees) to allege “bad faith” against their insurance company. …more
A New Jersey Law Division Court addressed the issue “Whether or not a defendant, in the context of a personal injury action, must produce a copy of video surveillance of the accident at issue in the lawsuit prior to the…more
The Appellate Division has held in Kandrac v. Marrazzo’s Market at Robbinsville (A-6081-10T3) that a commercial tenant in a multi-tenant shopping center does not owe a duty to its patrons to maintain an area of the parking lot…more
On January 6, 2012, the Federal Courts Jurisdiction and Venue Clarification Act (“Act”) of 2011 , came into effect. The Act as a whole brought changes to Federal statues affecting venue, removal and jurisdiction. The purpose…more
The Appellate Division in Cambria v. Two JFK BLV, LLC, et. al. (423 N.J. Super 499) was called upon to determine whether the trial court properly found that the landlord and its real estate manager were additional insured under…more
The Appellate Division has held in Andreoli v. State Insulation Corp. et. al. (2011 WL 4577646) that a plaintiff could not replace a “John Doe” defendant with an actual party due to a lack of due diligence in identifying that…more
The New Jersey Supreme Court has overturned a $1,750,000 jury verdict due to comments made during closing arguments by plaintiff's attorney and ordered a new trial. These statements included references to torture and…more
The Appellate Division has reversed a trial court decision ordering Bay State Insurance Company to defend and indemnify its insured under a homeowners policy in connection with a personal injury lawsuit alleging that a child was…more
As previously reported, the Appellate Division ruled that a drunk driver who is involved in an accident can sue a tavern, which allegedly over-served him, for personal injuries. At issue in this case is a provision of the New…more
In Kalyta v. Versa Products, et. al., a federal judge found that an illegal immigrant can assert a lost wage claim in connection with a lawsuit for personal injuries.
In this matter, plaintiff had entered the United…more
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