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New Jersey Supreme Court Allows Apportioning Negligence Liability to Phantom Defendants in Motor Vehicle Accidents

Client Resources | 17 Apr 2018 | by

The New Jersey Supreme Court recently clarified that liability under the Comparative Negligence Act (“CNA”) can be apportioned to “phantom defendants,” those whom are known to have been involved in the accident but are unidentified. Krzylakski Decision In Krzylakski v. Tindall No. A-55-16 (N.J. April 17, 2018) Plaintiff Mark Kryzykalski was driving a car in the left lane of a road in Florence Township, New Jersey. Defendant […]

The Use of Biomechanical Engineers at Trial

Client Resources | 27 Mar 2018 | by

Biomechanical engineers are often used in motor vehicle accident cases to determine whether the forces generated in an accident were sufficient to cause the injuries allegedly sustained by a plaintiff. The information can establish the motion that the plaintiff made and whether that motion caused the plaintiff to impact the interior of the vehicle or move in a way that will exceed natural physiological […]

Current Laws in New York Regarding Piercing the Corporate Veil

Client Resources | 22 Mar 2018 | by

Determining When a Business has Pierced the Veil As most professionals in the legal and insurance fields are aware, the law permits a business to incorporate for the purpose of permitting the business owner to escape personal liability as long as there is no co-mingling of funds and/or the privilege of the separation is not abused so as to permit the piercing of the corporate […]

Medical Marijuana and the New Jersey Employer

Client Resources | 22 Mar 2018 | by

Medical Marijuana in the Workplace Like numerous other states, New Jersey has approved the use of marijuana for medicinal purposes through the enactment of the New Jersey Compassionate Use Medical Marijuana Act (MMA), NJSA 24:61-1, et seq. In doing so, the New Jersey legislature has now thrust upon the courts the issue of whether marijuana “use” in the workplace has to be allowed by […]

Defending Diskectomy Cases

Client Resources | 22 Mar 2018 | by

What is a Diskectomy? A diskectomy is a surgical procedure to remove the damaged portion of a herniated disk.  Herniated disks can irritate or compress a nerve, which can cause pain, numbness or weakness in the neck, back, arms or legs.  A diskectomy is best used in the treatment of radiating symptoms but is less helpful for the treatment of actual neck and back […]

New Jersey Supreme Court Restricts the “Mode-of-Operation” Doctrine

Industry News | 21 Mar 2018 | by

New Jersey Supreme Court issues ruling restricting the “mode-of-operation” doctrine. However, full impact of the ruling is hotly debated by plaintiffs, defendants, and even retired Judges. Generally, a proprietor’s duty to his invitee is one of due care under all the circumstances. An invitee seeking to hold a business proprietor liable in negligence must prove, as an element of the cause of action, that […]

Update on Social Media-Related Discovery and Potential Ethical Constraints

Client Resources | 21 Mar 2018 | by

Building a Case with Information on Social Media Accounts As an update to our recent article on the importance of social media-related discovery, the guiding principal remains what is “material and necessary” to the defense of the litigation.  Once the defendant has jumped that hurdle, the court will then have to determine whether the account holders’ rights to privacy outweigh the defendants’ rights to view […]

Weathering the Storm

Client Resources | 21 Mar 2018 | by

An Overview of Snow and Ice Related Premises Liability Standards for Pennsylvania, New Jersey, New York, Maryland, Delaware and West Virginia When snow and ice accumulate, property owners and occupants run the risk of liability in the event of a slip and fall accident.  The premises liability standards pertaining to snow and ice conditions can be complex due to evolving case law and the […]