Why You Should Use An Attorney For Mortgage Refinancing? Interest rates for mortgages and refinance transactions are at an all time low. Many clients contemplating refinancing have contacted our office with questions about this process. While it is entirely legal to proceed without an attorney, you should be aware of at least two potential pitfalls […]
Do You Have The Right Automobile Insurance? Choosing the right automobile insurance policy in the State of New Jersey under New Jersey’s current law can make the difference between being compensated for injuries sustained in a motor vehicle accident and not being compensated for such injuries. There are two important aspects with regard to choices […]
Statute Of Limitations THE PITFALLS OF TIME LIMITATIONS by John T. Bazzurro A “statute of limitations” is basically the amount of time that a person has to file a lawsuit in order to obtain the relief they may be entitled to. In New Jersey, the basic statute of limitations for personal injury actions is two […]
Qualified Immunity LAW ENFORCEMENT OFFICERS ARE ENTITLED TO QUALIFIED IMMUNITY IF THEIR ACTIONS WERE OBJECTIVELY REASONABLE AND PERFORMED IN GOOD FAITH 42 U.S.C. §1983, provides in pertinent part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State … subjects, or causes to be subjected, any citizen of the […]
Employer Responsibility For Employee Actions Under Respondeat Superior Doctrine WHEN WILL AN EMPLOYER BE RESPONSBILE FOR THE ACTIONS OF ITS EMPLOYEE PURSUANT TO THE DOCTRINE OF RESPONDEAT SUPERIOR? Under the doctrine of Respondeat Superior, an employer may be found liable for the negligent actions of its employee if, at the time of the negligent action, […]
Can Your Insurance Company Refuse To Provide You With Insurance Coverage If You Lie To Them Concerning The Occurrence Of An Accident Or In Your Application For Insurance? New Jersey case law makes clear that policies of insurance may be voided ab initio if misrepresentations are made to the insurance company by the insured either […]
A Law Enforcement Officer Acting In Good Faith And Possessing Probable Cause Will Not Be Liable For Constitutional Rights Violations Under 42 USC 1983, Et. Seq. The Fourth Amendment gives rise to a claim, cognizable under Section 1983, for the constitutional tort of arrest without probable cause, which has long been recognized. See Monroe v. […]
New Jersey Public Entities Enjoy Immunity For Negligent Removal Of Snow And Ice But Not For Dangerous Conditions Of Property It is a well-settled premise that public entities (the State of New Jersey and their political subdivisions) enjoy common law tort immunity for the negligent removal of snow from their public ways. Miehl v. Darpino, […]
A Recent Change In Motor Vehicle Law That Can Affect You! The New Jersey Appellate Division made a significant change in a statute commonly used for plea bargaining moving traffic violations in the municipal courts in the State of New Jersey. The affected statute is N.J.S.A. 39:4-97.2, which is a subsection of the Careless Driving […]
New Snow And Ice Law! A new motor vehicle offense has been created: operating a motor vehicle with accumulated snow or ice on the vehicle. All areas of the vehicle are covered, including the windows, windshield, hood and trunk. Police are now authorized to stop cars with ice and snow while driving on a street […]
