New Jersey Imputed Fault Law
|
|
Chabree Pettiford v. DPL Logistics, LLC, et al.
|
Camden, New Jersey personal injury truck wreck lawyer represented the Plaintiff.
This case was filed in the Superior Court of New Jersey, Camden County, CAM L 000718 24, and was removed to federal court by the Defendants.
DPL Logistics, LLC is an independent air and sea freight forwarder that specializes in international and domestic logistics. They offer a v... More...
$1
(10-11-2024 - NJ)
|
Johnny Epps v. Tony T. Brown
|
Camden, New Jersey personal injury auto negligence car wreck lawyer represented the Plaintiff.
New Jersey's auto negligence law, also known as the Comparative Negligence Act, is based on modified comparative negligence:
Liability
The party seeking damages must be less responsible than the party who caused the accident.
Fault
A jury determi... More...
$1
(10-11-2024 - NJ)
|
Nenad Duric v. Cevilval Williams and Schneider National Carriers, inc.
|
Newark, New Jersey personal injury truck wreck lawyers represented the Plaintiff who sued on an auto negligence theory.
Under New Jersey's Comparative Negligence law, an individual's fault for the accident cannot be more than the individual from whom damages are sought. Therefore, recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are mor... More...
$1
(02-26-2024 - NJ)
|
Marlon McCorkell, et al. v. Kerry Dickson, et al.
|
Camden, New Jersey personal injury lawyer represented the Plaintiff who sued on auto negligence theories.
Under New Jersey's Comparative Negligence law, an individual's fault for the accident cannot be more than the individual from whom damages are sought. Therefore, recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are more at fault tha... More...
$1
(02-22-2024 - NJ)
|
Brian Cherry v. Arcbest Logistics, Inc., et al.
|
Trenton, New Jersey personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.
This case was filed in the SUPERIOR COURT OF NEW JERSEY HUNTERDON COUNTY, HNT-L000461-20, and was removed to federal court by the Defendants.
Under New Jersey's Comparative Negligence law, an individual's fault for the accident cannot be more than ... More...
$0
(02-26-2024 - NJ)
|
Roderick Mitchell v. B & JR Services, LLC
|
Newark, New Jersey personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.
This case was filed in the Superior Court, Essex County, ESX-L-002553-21, and was removed to federal court by the Defendants.
New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident c... More...
$1
(12-07-2023 - NJ)
|
Colleen Brown v. Evan Costanza, et al.
|
Newark, New Jersey personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.
New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident can be partly responsible for the damages. Here are some key points to understand:
Duty of Care:
Every driver has ... More...
$1
(12-04-2023 - NJ)
|
William Ford and Charice Lilly v. CR England, Inc.
|
Camden, New Jersey personal injury truck wreck lawyer represented the Plaintiffs who sued the Defendants on auto negligence theories.
New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident can be partly responsible for the damages. Here are some key points to understand:
Duty of Care:
Every driver has... More...
$1
(12-05-2023 - NJ)
|
Jessica Casey v. Tevin Bukes, et al.
|
Camden, New Jersey personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto neglgience theories.
New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident can be partly responsible for the damages. Here are some key points to understand:
Duty of Care:
Every driver has ... More...
$1
(12-01-2023 - NJ)
|
George Dixon v. A.G. Truck Logistics, LLC
|
Camden, New Jersey personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theories.
"New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident can be partly responsible for the damages. Here are some key points to understand:
Duty of Care:
Every driver ha... More...
$1
(12-15-2023 - NJ)
|
Devona Habiburrahman and Mohammed Habiburrahman v. Dorliea H. Wehye, et al.
|
Tenton, New Jersey personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.
"New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident can be partly responsible for the damages. Here are some key points to understand:
Duty of Care:
Every driver has... More...
$0
(12-08-2023 - NJ)
|
Lenard Smith v. Brian L. Bennett, Sr. and Innovative Turnaround Controls, Ltd.
|
Camden, New Jersey personal injury car wreck lawyer represented Plaintiff, who sued Defendants on auto negligence theoriesclaiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an motor vehilce accident.
Innovative Turnaround Controls is a US based firm providing technical and personnel solutions to the energy sector for projects, turnarounds, and mai... More...
$1
(10-25-2022 - NJ)
|
Bonay Goldhagen v. Susan Pasmowitz and Bernice Brooks
|
Trenton, NJ - Personal Injury lawyer represented plaintiff with a personal_injury charge.
The Dog Bite Statute, N.J.S.A. 4:19-16, imposes liability on dog owners
in personal injury actions arising from dog bites in certain settings, “regardless
of the former viciousness of such dog or the... More...
$0
(03-16-2022 - NJ)
|
STATE OF NEW JERSEY v. ARTHUR L. HOYLE, a/k/a SKINNYMAN HOYLE, and ARTHUR HOYLE
|
Defendant, who was charged with multiple drug offenses, filed
numerous pretrial motions, including a motion to suppress evidence
obtained from the use of a global positioning system (GPS) tracker
and a motion to recuse the trial court judge. After the court
denied the motion to suppress and the motion to recuse, defendant
pled guilty to first-degree possession with intent... More...
$0
(01-18-2018 - NJ)
|
James L. Joyce v. Maersk Line, Ltd.
District of New Jersey Federal Courthouses
|
Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer – a contract that includes rates of maintenance, cure, and unearned wages – will not be reviewed piecemeal by courts unless there is evidence of
3
unfairness in the collective bargai... More...
$0
(12-13-2017 - NJ)
|
Joan Mullin v. Karen Balicki
Despite Lawyer's Error, Evidence of Guard-Encouraged Inmate Suicide Revives Lawsuit
|
During the early morning hours of January 17, 2009, New Jersey prisoner Robert Mullin hanged himself with a bedsheet that he had fashioned into a noose. The twentynine-year-old Robert had been in and out of prison for the better part of a decade, in part due to his ongoing struggles with substance abuse. While serving out his latest sentence at a halfway house, Robert was found in possession of ... More...
$0
(12-03-2017 - NJ)
|
Joan Mullin v. Karen Balicki
Third Circuit Court of Appeals - Philadelphia, Pennsylvania
|
A little over two years into the civil-rights suit brought by Joan Mullin (“Mullin”) over the tragic prison suicide of her son, Robert Mullin (“Robert”), Mullin’s attorney received a discovery document with the potential to reshape the case. A previously undisclosed investigative report about the night
3
Robert died contained statements by fellow New Jersey inmates about a prison guard who... More...
$0
(11-13-2017 - NJ)
|
Mattie Halley v. Honeywell International Inc., PPG Industries, Inc.
|
This is an appeal from the approval of a settlement of a Federal Rule of Civil Procedure 23(b)(3) class action arising out of hexavalent chromium contamination in Jersey City,
4
New Jersey. The class action was brought on behalf of property owners in several neighborhoods in Jersey City whose homes were allegedly contaminated by byproducts disposed of at two chromium chemical manufacturing... More...
$0
(07-03-2017 - NJ)
|
STATE OF NEW JERSEY v. DION E. ROBINSON (a/k/a QUANTAE MASON ALBERT MITCHELL)
|
Under federal and New Jersey search-and-seizure
jurisprudence, a police officer’s warrantless search of the
passenger compartment of a vehicle, following a lawful traffic
stop, is a constitutional protective sweep when the
circumstances give rise to a reasonable suspicion that a driver
or passenger “is dangerous and may gain immediate access to
weapons.” State v. Gam... More...
$0
(05-01-2017 - NJ)
|
Ramon Cuevas v. Wentworth Group
|
Wentworth is a property-management company, and the
Wentworth Group is the parent entity. Michael Mendillo was the
president and chief executive officer of Wentworth and the owner
of the Wentworth Group. In May 2005, Mendillo hired Ramon to
serve as one of Wentworth’s regional vice presidents -- the only
one of Hispanic descent. In that role, Ramon managed high-rise More...
$0
(09-21-2016 - NJ)
|
STATE OF NEW MEXICO v. ERIC MARQUEZ
|
In this case we again address whether shooting at or from a motor vehicle can
4 serve as a predicate for felony murder. We recognize that the collateral-felony rule
5 has generated confusion and hope to clarify its application in this opinion. Following
6 trial, the jury found Defendant Eric Marquez guilty of first-degree felony murder
7 contrary to NMSA 1978, Section 30-2-1(A)(2... More...
$0
(06-30-2016 - NJ)
|
STATE OF NEW JERSEY VS. BINH THACH
|
Defendant Binh Thach appeals from the dismissal of his
petition for post-conviction relief (PCR) following an
evidentiary hearing. He contends his plea counsel was
constitutionally deficient by failing to discover readily
available medical records suggesting defendant suffered from a
serious mental condition at the time he committed his crimes and
by failing to secur... More...
$0
(06-30-2016 - NJ)
|
STATE OF NEW JERSEY VS. J.C.
|
Defendant J.C. was convicted by a jury of first-degree
aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), two counts of
second-degree sexual assault, N.J.S.A. 2C:14-2(b), and three
counts of second-degree endangering the welfare of a child,
N.J.S.A. 2C:24-4(a). The charges stem from defendant's
admission, during a telephone call with his daughter, A.C., that
he had s... More...
$0
(06-10-2016 - NJ)
|
STATE OF NEW JERSEY VS. ANTHONY M. FERNANDEZ
|
A jury convicted defendant Anthony M. Fernandez of second
degree conspiracy to distribute cocaine, N.J.S.A. 2C:5-2,
2C:35-5(a)(1), and 2C:35-5(b)(1) (count one); first-degree
possession with intent to distribute cocaine, N.J.S.A. 2C:35
5(a)(1) and 2C:35-5(b)(1) (count three); third-degree possession
with intent to distribute marijuana, N.J.S.A. 2C:35-5(a)(1) and
2C:35-5... More...
$0
(05-23-2016 - NJ)
|
STATE OF NEW JERSEY VS. PETER M. SHANLEY
|
A jury convicted defendant Peter Shanley of the murder of
his wife, as well as two weapons offenses, and a judge sentenced
him to prison for life. Defendant appeals from the judgment of
conviction and makes these arguments: first, the trial judge
May 13, 2016
A-1468-13T1 2
erred by not dismissing the murder charge because of a
prosecutor's misstatements and prej... More...
$0
(05-14-2016 - NJ)
|
GINAMARIE GOMES v. THE COUNTY OF MONMOUTH and CORRECT CARE SOLUTIONS, LLC
|
This appeal raises in part the novel issue of whether a
plaintiff, who was treated by a private medical provider under
contract to provide care to inmates at a county jail, must serve
that private entity with a tort claims notice before she can sue
the company for negligence. We hold that the Tort Claims Act
(the "TCA" or the "Act"), N.J.S.A. 59:1-1 to :14-4, does not More...
$0
(04-24-2016 - NJ)
|
STATE OF NEW JERSEY VS. DEMETRIUS MIDDLETON
|
In 1999, defendant Demetrius Middleton was tried by a jury
and convicted of murder and weapons offenses.1 The judge
sentenced him to a fifty-year term of imprisonment, with an 85%
period of parole ineligibility under the No Early Release Act
(NERA), N.J.S.A. 2C:43-7.2. We affirmed defendant's convictions
on appeal, but remanded for re-sentencing because, at the time, More...
$0
(04-16-2016 - NJ)
|
STATE OF NEW JERSEY v. EDELBARTO PADILLA, a/k/a LEO DEL MONTE
|
In the early morning hours of October 24, 2002, Carlos
Freitas was shot and killed in the Ugha Ugha Social Club, an
after-hours bar in Newark. The shooter fled from the scene and
remained unapprehended for several years. In 2008, the Essex
County grand jury returned Indictment No. 08-01-0114, charging
defendant Edelbarto Padilla with first-degree murder, N.J.S.A.
2C... More...
$0
(04-08-2016 - NJ)
|
STATE OF NEW JERSEY v. BRIAN S. GUNDY
|
The State of New Jersey appeals from the Law Division's
order admitting defendant Brian S. Gundy into pretrial
intervention (PTI) over the prosecutor's objection. We affirm.
The facts surrounding defendant's arrest and his
application for PTI are generally not in dispute. They can be
summarized as follows.
A New Jersey State Trooper stopped defendant while he was More...
$0
(04-01-2016 - NJ)
|
STATE OF NEW JERSEY v. SCOTT M. CAIN
|
In State v. Odom, 116 N.J. 65, 80-81 (1989), we held that
an expert witness in a drug-distribution case could testify to
the ultimate issue of fact -- whether a defendant possessed
drugs with the intent to distribute. We cautioned, however,
that the expert’s testimony should not amount to a pronouncement
of guilt. Allowing an expert to offer an opinion on a
defenda... More...
$0
(03-16-2016 - NJ)
|
STATE OF NEW JERSEY v. HECTOR FELICIANO (a/k/a HECTOR FELECIANO
|
This case raises a novel question about the
constitutionality of the roving wiretap provision of the State’s
wiretap law. As a general rule, law enforcement officials must
follow a strict set of procedures and get court approval before
they may intercept communications over a telephone facility.
Among other requirements, the State must identify in advance the
specif... More...
$0
(03-09-2016 - NJ)
|
Kirk Lory v. Concord Equity Group Advisors, LLC
|
This action's relevant procedural history is not complex.
One month after Loury's nearly two-year employment as a Concord
executive ended, he filed a four-count complaint against
Concord. Three of the counts were dismissed for failure to
state a claim upon which relief could be granted. The surviving
count alleged Concord breached the parties' employment
agreement.... More...
$0
(02-26-2016 - NJ)
|
STATE OF NEW JERSEY v. KARRIEM A. ROYSTER, a/k/a RAHEEM JENKINS, PHILLIP MAURO,
STATE OF NEW JERSEY v. EARL MARSHALL
|
An Ocean County grand jury returned Indictment No. 09-07
1184, charging defendants Karriem A. Royster, Earl Marshall and
eleven others with various crimes involving the distribution of
controlled dangerous substances (CDS). Marshall was charged
with being the leader of a cocaine trafficking network, N.J.S.A.
2C:35-3 (count one); conspiracy to possess cocaine and marijuana ... More...
$0
(02-19-2016 - NJ)
|
Rudolph Laidlow v. Hariton Machinery Company, Inc.
|
The Workers' Compensation system has been described as an historic "trade-off" whereby employees relinquish their right to pursue common-law remedies in exchange for prompt and automatic entitlement to benefits for work-related injuries. Millison v. E.I. du Pont de Nemours & Co., 101 N.J. 161, 174, 501 A.2d 505 (1985). That characterization is only broadly accurate. In fact, not every worker inj... More...
$0
(02-25-2002 - NJ)
|
Kakstys vs Stevens
|
This case presents a significant legal issue regarding the
effective date for the retroactive establishment of an initial
child support obligation in a divorce proceeding. Specifically,
the question is whether the court may retroactively set an
obligor’s child support obligation (a) only as of the filing date
of an actual child support motion (pendente lite or otherwise),... More...
$0
(12-01-2015 - NJ)
|
Thomas DeMarco v. Sean Robert Stoddard, D.P.M
|
In this appeal, we consider whether the Rhode Island
Medical Malpractice Joint Underwriting Association (RIJUA) must
defend and indemnify a podiatrist in a medical malpractice
action pending in New Jersey following rescission of the
podiatrist’s medical malpractice liability policy. The policy
had been rescinded due to material misrepresentations concerning
the state... More...
$0
(12-01-2015 - NJ)
|
Lincoln Benefit Life Co v. AEI Life LLC
|
Lincoln Benefit Life Company filed a federal complaint seeking a declaratory judgment voiding two $6.65 million life insurance policies. Lincoln Benefit alleges that these policies were procured by fraud and for the benefit of third-party investors who have no prior relationship to the individual whose life is the subject of the policies. According to the complaint, this sort of “stranger originat... More...
$0
(09-05-2015 - NJ)
|
Dr. Neville M, Mirza, M.D. v. Insurance Administrator of America, Inc.
|
The regulations implementing the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., provide that when a plan administrator denies a request for benefits, it must set forth a “description of the plan’s review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action.” 29 C.F.R. § 2560.503-1(g... More...
$0
(08-26-2015 - NJ)
|
State Of New Jersey v. Thomas Shannon
|
This matter comes before us based on the record developed
in defendant’s motion to suppress. On March 26, 2009, Municipal
Court Judge Daniel J. DiBenedetto issued a warrant for the
arrest of defendant for non-payment of fines owed to the City of
3
Asbury Park. Defendant learned of that warrant while
incarcerated in Bayside State Prison on an unrelated charge. He <... More...
$0
(08-19-2015 - NJ)
|
STATE OF NEW JERSEY v. Thomas Shannon
|
This matter comes before us based on the record developed
in defendant’s motion to suppress. On March 26, 2009, Municipal
Court Judge Daniel J. DiBenedetto issued a warrant for the
arrest of defendant for non-payment of fines owed to the City of
3
Asbury Park. Defendant learned of that warrant while
incarcerated in Bayside State Prison on an unrelated charge. He <... More...
$0
(08-19-2015 - NJ)
|