December 19, 2019 | New Jersey Law Journal
Two Separate Torts, One Injury: Both Tortfeasors Go on Verdict SheetCOURT WATCH: The jury is the trier of facts. In this case, the bottle thrower, although not officially before the court, was factually before the jury. So shouldn't the jury be permitted to completely perform its fact-finding duty?
By Louis Locascio
6 minute read
November 21, 2019 | New Jersey Law Journal
Best Interests of Child Hearing Required for Intra-State RelocationCOURT WATCH: Perhaps the time is ripe for the relocation rule to include a suggested reasonable distance guideline (such as 15 miles) and/or a reasonable drive-time guideline (such as 20 minutes).
By Louis Locascio
7 minute read
October 25, 2019 | New Jersey Law Journal
Monmouth Park's Bet Against Sports Leagues Pays DividendsIt would appear, to this author, that Monmouth Park will recover at least the full amount of the bond ($3.4 million) plus some additional amount established if bad faith can be proven.
By Louis Locascio
8 minute read
September 20, 2019 | New Jersey Law Journal
NJ Legislature Comes to the Rescue After 'Haines v. Taft'COURT WATCH: Who is responsible for medical bills, incurred as a result of an automobile accident, which exceed the PIP benefits coverage chosen by the injured party?
By Louis Locascio
5 minute read
June 03, 2019 | New Jersey Law Journal
Medical Marijuana Patients Cannot Be Fired for Failing Drug TestOP-ED: In a nutshell, the court concluded that "the Compassionate Use Act does not immunize what the LAD prohibits." This decision makes sense.
By Louis Locascio
5 minute read
April 26, 2019 | New Jersey Law Journal
Supreme Court Rewards Tortfeasor and Punishes Innocent PIP VictimOP-ED: In 'Haines v. Taft,' the majority concluded that the innocent victim, rather than the wrongdoer, should be responsible for the unpaid medical bills incurred for the medical treatment of injuries caused by the wrongdoer.
By Louis Locascio
5 minute read
March 07, 2019 | New Jersey Law Journal
Aggressive Opposition to Autism Home Violates LADOP-ED: Kudos to Judge Fisher for a decision that exemplifies how our courts protect those who cannot protect themselves—in this case, our most vulnerable special needs individuals.
By Louis Locascio
5 minute read
January 04, 2019 | New Jersey Law Journal
Definition of 'Familial Relationship' Expanded for Bystander ClaimOP-ED: An engagement ring or a wedding ring is no longer considered as significant, as it was in days past, to create a family. The law must continuously expand and adjust to keep up with society and remain viable.
By Louis Locascio
5 minute read
December 14, 2018 | New Jersey Law Journal
Bridgegate: Is There a Constitutional Right to Intrastate Travel?OP-ED: Judge Wigenton got it right; the Third Circuit got it wrong.
By Louis Locascio
5 minute read
October 19, 2018 | New Jersey Law Journal
Monmouth Park's Bet on the U.S. Supreme Court Pays OffA decision authored by New Jersey's own Justice Alito is significant not only for its practical result, but also for its astute discussion of the basis for the decision, i.e., the anti-commandeering principle.
By Louis Locascio
5 minute read
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