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distracted driving

DO WE REALLY NEED THE PROPOSED NEW “DISTRACTED DRIVING” PROVISION AND IS IT LIKELY TO BE “VOID FOR VAGUENESS”?

A proposed addition to New Jersey’s distracted driving statute, N.J.S.A. 39:4-97.3 would add this language; “[a]n operator of a moving motor vehicle shall not engage in any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with the safe operation of the vehicle on a public road or highway.” There is […]

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baseball rule

HOW IS THE APPLICATION OF THE “BASEBALL RULE” AFFECTED BY THE EXPANSION OF NETTING IN MAJOR LEAGUE BALLPARKS?

Major League Baseball this past off-season issued a recommendation that all teams lengthen the safety netting at ballparks to increase fan safety.  http://m.mlb.com/news/article/159233076/mlb-issues-recommendations-on-netting.  Tampa Bay was one of the teams that heeded the new recommendations; “I don’t think we’re taking anything away from the fans who are there,” said Rays vice president of operations/facilities Rick Nafe. […]

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ROYAL CARIBBEAN

ANTHEM OF THE SEAS PASSENGERS PLACED AT RISK BY ROYAL CARIBBEAN

By: Timothy E. Annin Royal Caribbean’s ANTHEM OF THE SEAS encountered hurricane strength winds and high seas resulting in her aborting a Caribbean cruise and returning to New Jersey this week. This is the second sailing in less than five months where a vessel set out on a heading which would place it in the path of bad […]

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insurance fraud law

NEW JERSEY SUPREME COURT CONFIRMS INSURANCE FRAUD LAW DOES NOT REQUIRE THAT THE CARRIER BE INDUCED BY A FALSE STATEMENT TO PAY A DAMAGE CLAIM.

In a unanimous opinion released today the New Jersey Supreme Court held that a violation of the criminal insurance fraud statute, N.J.S.A. 2C:21-4.6(a), does not require proof that a false statement made by the defendant induced the insurance carrier to pay the claim. In State of New Jersey v. Robert Goodwin, (A-20-14) (0743520 (decided January 19, 2016) http://www.judiciary.state.nj.us/opinions/supreme/A2014StatevRobert.pdf the New Jersey Supreme […]

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NEW JERSEY ASSEMBLY

NEW JERSEY ASSEMBLY TAKES UP THE SUBJECT OF A PRIVATE CAUSE OF ACTION FOR BAD FAITH IN SETTLEMENT OF INSURANCE CLAIMS

Efforts have been made, since Hurricane Sandy, to broaden the remedies available to consumers who feel they have been wronged by the claim practices of insurance carriers. These efforts have failed in each of their prior versions.  A-231 sponsored by Assemblypersons Reed Gusciora, Timothy Eustace, and Marlene Caride will be reviewed by the Assembly Financial Institutions […]

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arbitration

WHAT CAN WE LEARN FROM JUDGE BERMAN’S OPINION IN DEFLATEGATE ABOUT ATTACKS ON ARBITRATOR’S RULINGS?

DEFLATEGATE RULING – USDC JUDGE RULES ON NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL V. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION United States District Court Judge Richard M. Berman ruled today that the arbitrator’s ruling by Commissioner Goodell in National Football League Management Council v. National Football League Players Association could not be confirmed, and instead must be […]

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insurance fraud law

INSURANCE FRAUD – NEW JERSEY SUPREME COURT UPDATES CARRIER RESPONSIBILITY

INSURANCE FRAUD – NEW JERSEY SUPREME COURT UPDATES CARRIER RESPONSIBILITY TO INNOCENT THIRD PARTIES WHEN AN APPLICANT FOR A “BASIC” POLICY COMMITS APPLICATION FRAUD New Jersey’s courts have a history of protecting innocent third parties injured in accidents with drivers who have obtained their automobile insurance through fraud in their application.  In the context of […]

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civil insurance fraud

CIVIL INSURANCE FRAUD DEFENDANTS NOW ENTITLED TO TRIAL BY JURY

In Allstate New Jersey Insurance Co. v. Gregorio Lajara (A-70-13) (073511) (Decided July 16, 2015) the New Jersey Supreme Court  ruled yesterday that actions by insurance carriers under New Jersey’s Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to 30 have now joined the ranks of disputes to be resolved by a jury. Trial by Jury is a constitutional […]

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apartment

RENTING AN OFF-CAMPUS APARTMENT – ISSUES TO CONSIDER

NEW JERSEY LANDLORD-TENANT CIVIL TORTS ATTORNEYS Living in off-campus housing is somewhat of a “right of passage” for many college students. However, with increased freedom also comes responsibility and a number of risks students and parents should take into consideration. First, not all landlords are reliable or particularly honest. Second, apartments and rented homes often […]

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