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

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 a clear abuse of discretion, […]

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

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 degrees.  He also noticed white […]

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SUPREME COURT UPHOLDS THE RIGHT TO CLASS ACTIONS IN 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 in the United […]

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Identifying your Tortfeasor on the Slopes

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”), the ski slope […]

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

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 Jersey, Law Division, […]

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Appeals Court Rules Commercial Property Owner Not Liable for Death of Tenant’s Employee Resulting from Contamination of Building’s Water Supply

 Does a commercial property owner owe a duty of care to ensure that its building’s water supply is not contaminated in a case involving the death of an employee of one of its tenants? This was the central question confronting a New Jersey appeals court in Velucci v. AllState Insurance Company, et al., Superior Court […]

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