Damages are Required in Order to Recover in Consumer Fraud Act and in Common Law Fraud

A real sense of measurable harm must be experienced in order to assert the need for damages. The U.S. District Court of New Jersey ruled against plaintiffs bringing a claim under the New Jersey Consumer Fraud Act (“CFA”), and under common law fraud in Hoffman v. Nutraceutical Corp., U.S. District Court of New Jersey, Civil […]

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Plaintiff Gets Her Day in Court as Appellate Division Reverses Summary Judgment

Plaintiff broke her ankle while helping her sister-in-law move into an apartment in Irvington. In January of 2009, Carol Houston (“Houston” or “Plaintiff”) was helping her sister move into an apartment and broke her ankle when she fell down a flight of stairs. Houston v. Gichuhi, Superior Court of New Jersey, Appellate Division, Docket No.: […]

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Strange and Desperate Wrongful Death and Survivorship Case Sums up Need-to-Know Information on Negligence

In Segal v. County of Hudson, Superior Court of New Jersey, Appellate Division, Docket No.: A-5005-11 (App. Div. July 19, 2013), certif. denied, 217 N.J. 284 (2014), a Jersey City Public Works employee was eating lunch at the end of Duncan Avenue by the Hackensack River when he discovered a vehicle upside-down, floating in the […]

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Ford Subcontractor Installs Equipment that Combusts; Defense Disregards Duties Required by N.J. Rules of Evidence

When Plaintiff purchased his new van from Ford, he agreed to send the vehicle to a Ford subcontractor in order to install a custom interior and entertainment equipment. The equipment combusted into flames. In CURE v. Sherrod Vans, Inc., Superior Court of New Jersey, Appellate Division, Docket No.: A-6368-11T3, plaintiff, Karlin Johnson (“Johnson”) purchased his […]

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A More Precise Expertise Needed for Plaintiff’s Medical Malpractice Matters

What does it take to provide expert testimony in med-mal cases? In Nicholas v. Mynster, 213 N.J. 463(2013), the plaintiff became ill after being exposed to carbon monoxide fumes from a gas-powered saw. As a result of the exposure and his subsequent medical treatment, the plaintiff suffered brain damage, among other injuries and sued the […]

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Parties Ordered to Hire Neutral Expert to Look into Plaintiff’s Facebook Account

How might Facebook threaten or benefit a personal injury claim? Courts are becoming increasingly involved with social media presented by either party during trial. The evidence can affect a party’s case either positively or negatively by placing emphasis as to what really happened in the jury’s minds. It is also possible the jury may get […]

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Facebook Case Pits NJ Courts in Tenuous Position Against Supreme Court Tribunals

How would New Jersey courts rule on possible overstepping by Supreme Court tribunals that investigate ethics complaints? The New Jersey Law Journal covered an interesting event on July 2 of this year where two attorneys, John Robertelli (“Robertelli”) and Gabriel Adamo (“Adamo”), sued the Office of Attorney Ethics (“OAE”) for “bringing an ethics case against […]

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FDA Warnings: Serious Complications Associated with Transvaginal Placement of Surgical Mesh

The FDA has released public health notifications due to serious complications associated with transvaginal placement of surgical mesh. Transvaginal placement of surgical mesh to repair pelvic organ prolapse (“POP”) and Stress Urinary Incontinence (“SUI”) has led to rare but serious complications that have life altering consequences. Over the past several years, the Food and Drug […]

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Nurse in Mesh Complication Action Speaks Out

Can you imagine undergoing surgery to change your life for the better, but realize the product surgically implanted placed you in a prison of pain? The plaintiff, Linda Gross, a nurse from South Dakota, represented by the law firm Mazie, Slater, Katz & Freeman, sued and won a trial verdict of $11.1 million against the […]

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What Does it Mean to be a Plaintiff?

What does it mean to be a plaintiff in a personal injury or med mal case? Family members and close friends can be injured due to the negligence of a person or a corporation. Plaintiffs may find themselves in a personal injury case, a med mal case, a products liability case, a transvaginal mesh case, […]

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