Clumsy Concerned Tenant Stumbles Upon Fire Hose and Problem of Foreseeability in Her Tort Claim

Foreseeability can be difficult to determine, but is necessary to show in the world of torts. One might suspect that determining whether something is foreseeable is not a difficult task, but sometimes there can be more nuanced decisions arising from strange incidents, even when applying simple legal concepts. This case, Awad v. Forest Realty Management, […]

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Briad Restaurant Group to Settle for Half a Million in Pricey Liquor Scam

Twenty-nine bars and restaurants were investigated by undercover agents in New Jersey and raided due to confidential informants and consumer accounts of being served cheap liquors after paying for premium liquors. In an eye-catching story published in the New Jersey Law Journal, a T.G.I. Fridays franchisee agreed to settle a suit for $500,000 and other […]

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When a Car Insurance Policy is Obtained Fraudulently, What Limits Must the Insurance Company Pay?

Car Insurance Fraud Case In Citizens United Reciprocal Exchange (CURE) v. Sabrina A. Perez et al., certif. granted 217 N.J. 292 (2014), the Supreme Court of New Jersey will determine how much bodily injury liability coverage plaintiff insurance company CURE must pay under an automobile insurance policy, when that automobile insurance policy is based on […]

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Dog Attack Leads to Hospitalization

Dog Bite Case Two pre-teen boys hospitalized after pit bull attack. Two twelve-year-old boys were injured when they were attacked by a pit bull that was close to Lincoln Elementary School in Lyndhurst, New Jersey. The two boys were walking back from recess when the pit bull ran out of a yard. One of the […]

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Juror Contamination to Plaintiff’s Benefit

Can a juror’s mind be so committed to one side that the juror corrupts the deliberations of the other jurors? This was the scenario presented in a per curiam decision of the Appellate Division favoring plaintiff in Vecchiola v. Bloom, Superior Court of New Jersey, Appellate Division, Docket No.: A-1331-11T4. In this case, plaintiff, Vecchiola […]

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Qualifying Your Expert Witness in a Medical Malpractice Case

Expert Witness in Medical Malpractice How can expert witnesses be competent for a particular case?  In Koseoglu v. Wry, Superior Court of New Jersey, Appellate Division, Docket No.: A-1008-11T4, the Appellate Division held that, “the competency of a witness to testify as an expert is remitted to the sound discretion of the trial court.  Absent […]

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What Are the Elements to Sustain A Cause of Action for Your Med. Mal. Case?

Medical Malpractice in New Jersey Even where the defense is mostly not negligent, plaintiff can walk away with satisfaction if the ultimate harm can be apportioned.  Mr. Koseoglu became ill in September, 2007 and he complained that he had a fever and felt tired.  Three days later, his exhaustion persisted and his temperature reached 103.6 […]

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SUPREME COURT UPHOLDS THE RIGHT TO CLASS ACTIONS IN ARBITRATION

Class Action Arbitration On June 10, 2013, the Supreme Court of the United States affirmed the Third Circuit Court of Appeals ruling that Dr. John Ivan Sutter, a New Jersey physician, may continue with his class arbitration on behalf of 20,000 New Jersey physicians against Oxford Health Plans, one of the largest health insurance companies […]

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Identifying your Tortfeasor on the Slopes

Wrongful Death Settlement Who can your estate sue for the wrongful death of a loved one in a skiing accident?  This question is clarified in Angland v. Mountain Creek Resort, Inc., Supreme Court of New Jersey, Docket No.: A-57 September Term 2011 069461.  The Estate of Angland (“Angland”) sued Mountain Creek Resort, Inc. (“Mountain Creek”), […]

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Justice for Nurse Against J&J and Ethicon for Pelvic Mesh–$11.1 million Jury Verdict

Vaginal Mesh Lawsuit 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?  This is how one of our client’s, Linda Gross (“Gross”) described living life with her vaginal mesh(a/k/a pelvic mesh) in Gross v. Gynecare, Superior Court of New […]

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