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Particularly Egregious Product Failures Cause for Punitive Awards

Recent Blog Posts

Particularly Egregious Product Failures Cause for Punitive Awards

Most nutrition experts agree that Americans could stand to eat less red meat and more fish. But the case against a New York City-based fish processor that distributed Listeria monocytogenes (L. mono)-infected product in New Jersey, Pennsylvania, New York, Maryland and Massachusetts is hardly encouraging news. In fact, it is the kind of product liability… Read More »

Nasty Words in New Jersey: When to Sue for Defamation?

From social media to corporate boardrooms and the political arena, it’s a fact of life that people sometimes talk about other people in unkind and damaging ways. But when do statements rise to the level of defamation and become subject to litigation by the defamed party? A first consideration is around public versus private individuals…. Read More »

New Jersey “Strict Liability” Dog Bite Law Means Victims Can Sue on First Offense

The aphorism goes that when a dog bites a man it’s not news. But the bite (actually, many vicious bites) heard ‘round the world came in 2010 in Elizabeth, New Jersey when a security guard was attacked by both a pit bull and a Rottweiler. The dogs had escaped from an enclosure on the workplace… Read More »

New Jersey Medical Malpractice Cases Now Require Very Specific Medical Experts

Almost all medical malpractice cases depend on expert witnesses, usually physicians, to testify on behalf of the plaintiff to explain where a mistake was made. But a recent ruling in 2013 by the New Jersey State Supreme Court has set a standard that may make it harder for the injured party to prove fault. The… Read More »

Wrongful Death Lawsuits in New Jersey: Who Is At Fault?

The case of a Garfield, New Jersey woman’s murder by an escaped parolee in 2010 illustrates the sometimes-complicated scenario of who bears financial responsibility in a homicide. In this incident, the accused was in a halfway house release program after serving time in prison. He had faked a medical emergency to be transferred to University… Read More »

Texting Accidents in New Jersey: Who is Responsible?

A New Jersey accident involving a pickup truck and two motorcyclists helped establish an important rule on liability when phone texting is the cause of the mishap. The May 2012 ruling by the New Jersey Superior Court judge found that the distracted driver responding to text messages was responsible for the accident, but not the… Read More »

What the “Verbal Threshold” in New Jersey Car Accident Insurance Means

An accident in Clifton (Passaic County) in May 2013 that stemmed from a high-speed police chase left a New Jersey police officer seriously injured in a multiple-car pileup. This is noteworthy because police chases through heavily trafficked, highly populated areas have drawn scrutiny in the courts in recent years, as multiple crashes have involved third-party… Read More »

New Jersey: Lowest in Accident Deaths, But Thousands of Injuries Still Occur

A report from the National Safety Council in May 2013 found that New Jersey has the lowest rate of deaths in the country from accidents. This includes the totality of deaths due to car accidents, unintentional drug and alcohol overdoses and slip-and-fall incidents. Remarkably, the low auto accident death rate is attributed to traffic congestion… Read More »

Victim’s Failure to Use Seat Belts Irrelevant to Driver’s Liability in New Jersey

New Jersey has historically left a question mark in car accident liability cases, one that pertains to “intervening cause.” This speaks to cases where a reckless driver was clearly responsible for an accident, but when something else — a passenger failing to wear a seat belt, for example — could be blamed for increasing property… Read More »

New Jersey DUI Blood Sampling Law in Flux

The common police tactic of getting blood or urine samples from individuals suspected of driving under the influence (DUI) is currently in flux. Depending on what works its way through the New Jersey legislature, and how that holds up through court tests, such evidence gathering may not be permitted in the future. Current procedures have… Read More »