Articles

NJ Bodily Injury Actions Barred Unless Vehicles Principally Garaged In New Jersey Have Requisite PIP Benefits

By: Gina M. Zippilli, Esq. N.J.S.A. 39:6B-1 mandates that all cars either registered or principally garaged in New Jersey must “maintain minimum amounts of standard, basic or special liability insurance coverage for bodily injury, death and property damage caused by the vehicles.”  The Appellate Court in Guerrero v. Moore et al. addressed this standard. Plaintiff, […]

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Third Circuit Clarifies Standard for Establishing Age Discrimination Claims

By: Ralph R. Smith, 3rd The Age Discrimination in Employment Act (“ADEA”) is a federal law that prohibits employment discrimination against employees over the age of 40.  One of the lingering questions under the law has been what happens when an employer adopts an employment policy that, while seemingly benefiting a group of employees over […]

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Res Ipsa Loquitur: the Thing Speaks for Itself… Unless the Thing We’re Speaking of Involves a Public Entity

By:  Jessica M. Anderson Res ipsa loquitur is not available in an action against a public entity grounded upon a dangerous condition of public property.  Rocco v. New Jersey Transit Rail Operations, Inc., 330 N.J. Super. 320, 339-40 (App. Div. 2000).  The Tort Claims Act requires proofs beyond those necessary for a res ipsa loquitur […]

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Filing an Internal Affairs Complaint with Police Department Not “Substantially Comply” with Tort Claims Act Notice Requirement

By: Betsy G. Ramos Plaintiff Malik Macklin alleged that three Camden County Police Officers used excessive force when they assaulted and arrested him without probable cause as he was walking down the street and, as a result, he suffered injuries. Less than one month later, he reported the incident to the Camden County Police Department’s […]

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