While the Courts of the State of New Jersey have been hesitant to impose sanctions upon parties and counsel for frivolous lawsuits, in any but the most extreme of circumstances, in the appropriate circumstance, sanctions can be obtained, so long as strict compliance with the Rules of Court can be established. N.J.S.A. 2A:15-59.1 governs sanctions […]
Plaintiff’s Personal Injury Claim Dismissed Due to Lack of Expert Report As to Causation
The decedent Alice Trainor fell while attending the defendant’s adult day health care services. The 89-year-old Alice fell while walking towards the bathroom at the defendant’s facility, suffered injuries, and ultimately passed away. The issue in Estate of Alice Trainor v. Active Day of Brick, 2024 N.J. Super. Unpub. LEXIS 552 (App. Div. Apr. 3, […]
Plaintiff’s Personal Injury Lawsuit Dismissed Due to Her Failure to Identify the Condition That Caused Her Accident
Plaintiff Artherine Price was at the Quaker Bridge Mall on May 10, 2018, when she twisted her ankle in the parking lot of the Mall. She claims that she fell in the crosswalk while walking from her parked car to enter the store and sued the Mall defendants for her injuries. The issue in Price […]
What is “Discovery” in a Civil Lawsuit?
Lawyers understand the term “discovery” in the context of a civil lawsuit but laypeople involved in a lawsuit likely do not understand what it means to “conduct discovery.” In general terms, it means exactly as it is defined in plain English, i.e. to find out something. In the context of a lawsuit, discovery is used […]
Court Enforces Strict Deadline for Filing Demand for Trial De Novo
Plaintiff Arabruny Lindor, as Administrator Ad Prosequendum of the Estate of Roosevelt Rene, filed a wrongful death lawsuit against defendant Janoris Jenkins which was arbitrated on September 21, 2022. The arbitrator assessed liability at 50% to each party and awarded plaintiff gross damages of $800,000 with a net award of $400,000. The issue in Lindor […]
Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issue of Charitable Immunity
Plaintiff Laurence Rothschild claims that he suffered injuries after a slip and fall in a puddle of water at a coin show that was held on a premises owned by the Police Athletic League of Parsippany-Troy Hills (“PAL”). Plaintiff brought a negligence lawsuit against the Township of Parsippany-Troy Hills, PAL and Garden State Coin Stamps […]
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