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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lawyers fees from medicare set-aside accounts

LAWYER IN PERSONAL INJURY SUIT CAN DRAW HIS FEE FROM MEDICARE TRUST

Is a lawyer entitled to draw her fee from a medicare set-aside account? Here’s what one Superior Court judge had to say…

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are legal services lawyers granted charitable immunity from NJ legal malpractice

NJ Legal Services not Protected from Suit by Charitable Immunity Doctrine

Should NJ legal services and their attorneys be protected from legal malpractice suits by the Doctrine of Charitable Immunity? In this case of first impression, here is what an Essex County Superior Court judge decided…

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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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