South Jersey Legal Blog
NON-DISCLOSURE PROVISIONS IN AUTO SALES, LEASING, AND REPAIR CONTRACTS BANNED
NON-DISCLOSURE PROVISIONS IN AUTO SALES, LEASING, AND REPAIR CONTRACTS BANNED A non-disclosure bill, A-4044, passed both houses of the New Jersey Legislature and was signed into law by Governor Christie in a late flurry of legislation before Governor Christie left...
New Jersey Supreme Court Updates Standards For Communicating Rejection of Real Estate Contract After Attorney Review
On April 3, 2017 the New Jersey Supreme Court published its decision in Michael Conley, Jr. v. Mona Guerrero (A-65-15) (076928) dealing with the requirement of notice of rejection under the attorney review provisions of a standard form real estate contract. The...
DO WE REALLY NEED THE PROPOSED NEW “DISTRACTED DRIVING” PROVISION AND IS IT LIKELY TO BE “VOID FOR VAGUENESS”?
A proposed addition to New Jersey’s distracted driving statute, N.J.S.A. 39:4-97.3 would add this language; “[a]n operator of a moving motor vehicle shall not engage in any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with...
HOW IS THE APPLICATION OF THE “BASEBALL RULE” AFFECTED BY THE EXPANSION OF NETTING IN MAJOR LEAGUE BALLPARKS?
Major League Baseball this past off-season issued a recommendation that all teams lengthen the safety netting at ballparks to increase fan safety. http://m.mlb.com/news/article/159233076/mlb-issues-recommendations-on-netting. Tampa Bay was one of the teams that...
ANTHEM OF THE SEAS PASSENGERS PLACED AT RISK BY ROYAL CARIBBEAN
By: Timothy E. Annin Royal Caribbean’s ANTHEM OF THE SEAS encountered hurricane strength winds and high seas resulting in her aborting a Caribbean cruise and returning to New Jersey this week. This is the second sailing in less than five months where a vessel set out...
NEW JERSEY SUPREME COURT CONFIRMS INSURANCE FRAUD LAW DOES NOT REQUIRE THAT THE CARRIER BE INDUCED BY A FALSE STATEMENT TO PAY A DAMAGE CLAIM.
In a unanimous opinion released today the New Jersey Supreme Court held that a violation of the criminal insurance fraud statute, N.J.S.A. 2C:21-4.6(a), does not require proof that a false statement made by the defendant induced the insurance carrier to pay the claim....
NEW JERSEY ASSEMBLY TAKES UP THE SUBJECT OF A PRIVATE CAUSE OF ACTION FOR BAD FAITH IN SETTLEMENT OF INSURANCE CLAIMS
Efforts have been made, since Hurricane Sandy, to broaden the remedies available to consumers who feel they have been wronged by the claim practices of insurance carriers. These efforts have failed in each of their prior versions. A-231 sponsored by Assemblypersons...
WHAT CAN WE LEARN FROM JUDGE BERMAN’S OPINION IN DEFLATEGATE ABOUT ATTACKS ON ARBITRATOR’S RULINGS?
DEFLATEGATE RULING – USDC JUDGE RULES ON NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL V. NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION United States District Court Judge Richard M. Berman ruled today that the arbitrator’s ruling by Commissioner Goodell in National...
INSURANCE FRAUD – NEW JERSEY SUPREME COURT UPDATES CARRIER RESPONSIBILITY
INSURANCE FRAUD – NEW JERSEY SUPREME COURT UPDATES CARRIER RESPONSIBILITY TO INNOCENT THIRD PARTIES WHEN AN APPLICANT FOR A “BASIC” POLICY COMMITS APPLICATION FRAUD New Jersey’s courts have a history of protecting innocent third parties injured in accidents with...
CIVIL INSURANCE FRAUD DEFENDANTS NOW ENTITLED TO TRIAL BY JURY
In Allstate New Jersey Insurance Co. v. Gregorio Lajara (A-70-13) (073511) (Decided July 16, 2015) the New Jersey Supreme Court ruled yesterday that actions by insurance carriers under New Jersey’s Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to 30 have now...