Fernandes v. DAR Development Corp., 222 N.J. 390 (2015). Kane v. Hartz Mountain Industries, Inc., 278 N.J. Super. 129 (App. Div.1994), aff’d o.b., 143 N.J. 141 (1996), ruled that the comparative negligence of an employee who is injured in a ...
Allstate New Jersey Ins. Co. v. Lajara, 222 N.J. 129 (2015). The Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to-30 (“IFPA”), permits insurance companies to sue those who engage in insurance fraud, and to recover compensatory and treble damages, as well ...
Evankavitch v. Green Tree Servicing, LLC, 793 F.3d 355 (3d Cir. 2015). “[A]bsent compelling reasons to the contrary, a party seeking shelter in an exception to the statute has the burden of proving it.” So stated Judge Krause in the ...
Mickens v. Misdom, 438 N.J. Super. 531 (App. Div. 2015). Today’s opinion, by Judge Fisher, affirms the ruling of a Union County trial judge (apparently, Judge Hely, based on a lengthy quotation from the Law Division judge that describes that ...
Davis v. Husain, 220 N.J. 270 (2014). “Post-verdict ex parte communication between the trial court and jurors cannot be countenanced.” That is the holding of today’s opinion, for a unanimous Supreme Court, by Justice LaVecchia. Even if a judge merely wants ...
New Jersey Division of Child Protection & Permanency v. B.O., 438 N.J. Super. 373 (App. Div. 2014). Very few appeals are based on the argument that the finder of fact erred in assessing the credibility of witnesses. That is because ...
L.T. v. F.M., 438 N.J. Super. 76 (App. Div. 2014). This case began with plaintiff obtaining a final restraining order (“FRO”) against defendant in the Family Part because defendant had assaulted plaintiff on multiple occasions. The FRO resulted from a ...
Washington v. Perez, 219 N.J. 338 (2014). Under certain circumstances, a party is entitled to a charge that permits a jury to draw an adverse inference from an opposing party’s failure to call a witness whose testimony would naturally have been expected ...
State v. Camacho, 218 N.J. 533 (2014). It is an error “of constitutional dimension” for a trial judge in a criminal case to fail to instruct the jury that it could not draw an adverse inference from the defendant’s decision ...
Manata v. Pereira, 436 N.J. Super. 330 (App. Div. 2014). In this automobile-pedestrian collision case, “plaintiff’s counsel engaged in improper cross-examination when he confronted defendant with a police report that counsel did not offer in evidence, but whose substance he ...