Archive for September, 2022
Third Circuit Finds That Statute of Limitations Period on Civil Rights Claim Arising From Wrongful Conviction Did Not Begin Until Conviction Was Vacated
The plaintiff Yasmine Coello was convicted of harassment in 2007. Over a decade later, she was successful in having her conviction vacated. Within two years later, she filed a civil rights action to recover for various abuses she alleged to have suffered during her criminal proceedings. The issue in Coello v. DiLeo, 43 F.4th 346 […]
New Jersey Revamps Its Offer of Judgment Rule
The New Jersey Offer of Judgment Rule permits any party to make an “offer to take judgment” either in the party’s favor (if a plaintiff) or against the offeror (if a defendant). The rationale for this rule is to encourage and facilitate a settlement because of the consequences of non-acceptance of the offer. Pursuant to […]
Plaintiff’s Underinsured Motorist Claim Barred Due to a Failure To Purchase a New Jersey Automobile Insurance Policy
In 2016, the plaintiff Juan Guiterrez-Ganan was injured in an auto accident when his car was struck by a car driven by an underinsured motorist. Plaintiff sued his automobile insurance company, defendant Allstate Insurance Company, to collect underinsured motorist benefits for his claimed injuries and losses from the automobile accident. The issue in Guiterrez-Ganan v. […]
Mode of Operation Rule Does Not Apply to Fall From Liquid on Floor Allegedly Resulting From a Water Bottle Spill
The plaintiff Bridgett Knight alleged that she slipped and fell near the exit door of the defendant Family Dollar Stores as a result of liquid that she claimed emanated from a bottled beverage located in a self-service refrigerator near the cash register. The plaintiff contended that the mode of operation doctrine should apply to this […]
Insufficient Basis Found to File Late Tort Claim Notice in COVID-Related Death
Plaintiff’s deceased husband Bernard Waddell contracted COVID-19 in March 2020 while he was working as a Corrections Officer at the Hudson County Correctional Center. He died from viral pneumonia secondary to COVID-19 on April 1, 2020. Plaintiff, Sheliah Waddell, Bernard’s wife filed a Notice of Tort Claim in November 2020 and thereafter filed a motion […]
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