The Appellate Division issued an opinion on September 16, 2021 in State v. Boston where the court outlines the level of inquiry that a police officer may make of passengers during a motor vehicle stop and who are not the focus of any wrongdoing at the time. In State...
Year: 2021
Parents’ Grief Over Death Of Child Is Not An Excuse For The Late Filing Of Tort Claims Notice
The Appellate Division in New Jersey has recently denied a mother’s appeal of the dismissal of her lawsuit against a public entity for failure to file a Torts Claim Notice within the requisite 90-day time period required by NJSA 59:8-8. The Court ruled that the...
Insurance Company Has An Obligation To Settle A Lawsuit On Behalf Of Its Insured Within The Policy Limits Or Face Liability For An Excess Verdict
A New Jersey couple has filed a lawsuit against CURE Auto Insurance Company alleging that it and its attorney refused to settle a car crash lawsuit within the policy limits resulting in an excess verdict for which they were responsible and necessitated a bankruptcy...
New Jersey Judiciary Has Directed the Courts to Resume Evictions in Commercial Lease Matters
All commercial evictions have been on hold in the State of New Jersey since Governor Murphy issued an Executive Order in April of 2020 directing that the court system refrain from removing residents during any eviction foreclosure process. While the Order only...
It Is Not An Ethics Violation In New Jersey If A Lawyer Hits “Reply All” To An Opposing Counsel Who Has Copied Their Client In The Email Communication
The New Jersey Advisory Committee on Professional Ethics has determined that if a New Jersey attorney includes their own client on an email to opposing counsel, they are giving implied consent for that attorney to respond to the lawyer and his/her client in a...
New Jersey Supreme Court Finds Workers’ Compensation Benefits Permissible While an Employee was Volunteering at an Event Sponsored by Her Employer
On February 8, 2021, the New Jersey Supreme Court ruled that a woman that was injured while volunteering at an employer sponsored community event was not engaged in “recreational or social activities” such that she should be barred from receiving workers’ compensation...
New Jersey Employers Must Be Careful in Requiring Vaccination Before Employees Return to Work
Many of our New Jersey business clients are considering whether to require that their workers get vaccinated against COVID-19 before they return to the workplace. However, we have cautioned our clients that employers must be careful to balance the need to keeping...
New Jersey Supreme Court Will Consider Challenge to Virtual Grand Juries
The New Jersey Supreme Court is going to address a Constitutional challenge to the State’s virtual Grand Jury Program. A defense attorney’s group believes that the Court has overstepped their power in authorizing remote proceedings during the COVID-19 pandemic. Grand...