New Jersey Law Journal | Commentary
By Louis F. Locascio | February 6, 2024
"The issue, therefore, was the interrelationship between R. 4:26-4 (amendments to state the true names of fictitious defendants) and R. 4:9-3 (when such amendments relate back to the date of the initial pleadings)," writes Court Watch columnist Louis F. Locascio.
New Jersey Law Journal | Commentary
By Sarah Biser and Craig Tractenberg | February 5, 2024
Sarah Biser and Craig Tractenberg offer a summary of the federal court decisions that led to 'Smith v. Spizzirri,' an upcoming U.S. Supreme Court case.
New Jersey Law Journal | Commentary
By Betsy G. Ramos | February 2, 2024
A day-in-the-life video is a powerful tool of evidence utilized by plaintiffs to show graphically over the course of the day an injured party's disability and pain and suffering caused by an accident. This graphic evidence can be more compelling than mere oral testimony describing a person's medical condition and limitations. It has great potential to influence a jury's evaluation of damages.
New Jersey Law Journal | Commentary
By Sara Leineek | February 1, 2024
The attorneys who do not look before they leap into establishing a mass tort practice, and who do not adequately plan for how to successfully launch one, are setting themselves up for a disappointing entrée into a complex and expensive, but rewarding, legal practice.
New Jersey Law Journal | Commentary
By Andrew Heck | January 31, 2024
In short, this legislation expands the scope of permissible business activities by certain manufacturers, creates new license categories, ratchets up the pressure on inactive retail licenses to be put to productive use, and creates a new mechanism for bringing otherwise inactive retail licenses back into active use.
New Jersey Law Journal | Commentary
By Greta Messer | January 30, 2024
New Jersey's new legislation becomes the 13th comprehensive state privacy law in the U.S. But given the law's applicability thresholds, organizations can expect to fall subject to the New Jersey law more easily than other state privacy laws.
New Jersey Law Journal | Commentary
By Jason Feingertz, Katherine Gallagher and Zach Roop | January 29, 2024
States have long grappled with the question of how to properly source the income of an employee who works at home in one state, for an employer in another state. In response to the tax burden placed on its residents and the tax revenue it was losing, in 2023 New Jersey passed its own Convenience of the Employer Rule.
New Jersey Law Journal | Commentary
By Michael F. Schaff and Seth Tipton | January 26, 2024
The primary reason that ethical issues arise when an attorney is representing a client in the cannabis industry stems from the fact that cannabis remains federally illegal.
New Jersey Law Journal | Commentary
By Betsy G. Ramos | January 25, 2024
This case was decided in accord with other similar negligence cases in which the courts use a "foreseeability analysis" in determining whether a duty of care should be imposed upon a defendant for an incident resulting in an injury to a third party.
New Jersey Law Journal | Commentary
By Joshua S. Bauchner | January 24, 2024
In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
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