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NJ Supreme Court disapproves of res gestae doctrine

N.J. SUPREME COURT FORMALLY ABANDONS RES GESTAE DOCTRINE

The NJ Supreme Court no longer approves using the “res gestae” doctrine to support evidential rulings, as a common law hearsay exception, because…

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Each new party to contract with NJ is entitled to notice of claim

MIND 90-DAY NOTICE IN ADDING CLAIMS IN CONTRACT SUIT AGAINST STATE, COURT SAYS

Parties litigating contract disputes with the state of New Jersey must file a new notice of claim if they want to expand the lawsuit, a unanimous state Supreme Court ruled on Tuesday.

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AICRA does not bar Dram Shop Act lawsuits by drunk drivers

Drunk Drivers can Still Sue Liquor Licensees that Overserve them

You’re visibly drunk and the bar keeps serving you. You get on your motorcycle after last call. BOOM! CRASH! SERIOUS INJURIES. Lawsuit against bar?

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"Better get it right the first time you take the breathalyzer test"

No Second Warning for Breathalyzer Refusal Consequences

Should suspected drunken drivers who, after a proper warning, consent to a breathalyzer test, but who then fail to give an adequate sample, be given a second warning about the consequences?

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Join a non-party with potential liability

The NJ Supreme Court Reminds Lawyers they Better Comply with the Joinder Rule

Warning…Ignore the entire controversy and joinder rule at your own peril. Here’s how the NJ Supreme Court reacted to a failure to join a party with potential liability…

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Rova farms jury trial

COURT TO DECIDE IF ROVA FARM CLAIMS ARE AMENABLE TO TRIAL BY JURY

N.J. Law Journal reports: Lawyers asked the state Supreme Court on Tuesday to decide whether juries, rather than judges, should decide if insurance carriers have acted in bad faith under the Rova Farms doctrine. The question in Wood v. New Jersey Manufacturers Ins. Co., A-44-10, is whether a bad-faith claim is in the nature of […]

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NJ Supreme Court political football

Who Won the Supreme Court Justice Football Game?

“Our hard-charging governor took a time-out to re-think his strategy of nominating a “Mini-me” to fill the seat of a Supreme Court Justice he refused to re-appoint.”

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NJ car accident

POLICE DISPATCHER’S MISIDENTIFICATION IS HELD GROUND FOR SUPPRESSING EVIDENCE

“Police departments across New Jersey got a stern warning Tuesday that evidence seized as the result of bad information relayed by dispatchers will likely be suppressed in criminal trials.”

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