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Negligence › NJ Supreme Court

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Goldberg Segalla

N.J. Supreme Court Rules No Coverage Available due to Intentional Wrong Exclusion in Policy

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On December 12, the New Jersey Supreme Court ruled that there was no coverage available to an employer for its employee’s workplace personal injury lawsuit under the employer’s workers’ compensation and employer’s liability...more

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

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For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Rivkin Radler LLP

Insurance Update - June 2024

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Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more

Butler Weihmuller Katz Craig LLP

New Jersey Supreme Court Doesn’t Show a Whole Lot-ta Love for Commercial Property Owners

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Insurers of commercial property owners take note: in a 4-3 decision, the New Jersey Supreme Court significantly expanded sidewalk liability law. Owners of vacant commercial lots in the Garden State now have a duty to maintain...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Publishes First Opinion Addressing First-Party Indemnity Provisions

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On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the...more

Bressler, Amery & Ross, P.C.

New Jersey Supreme Court to Address Affidavit of Merit Requirement for Vicarious Liability Claims

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The New Jersey Supreme Court has affirmed the Appellate Division’s decision that plaintiffs are not required to serve an Affidavit of Merit against defendant health care facilities for claims of vicarious liability arising...more

Epstein Becker & Green

An Outlier No More?: New Jersey Supreme Court Considers Overturning “New Business Rule”

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On April 26, 2022 the Supreme Court of New Jersey heard arguments about whether New Jersey should retain the judicially created “new business rule”. Since 1936 the rule has held that in the context of calculating damages...more

White and Williams LLP

Understanding the Affidavit of Merit Statute and the Rare Application of the Common Knowledge Exception

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On May 4, 2020, in Linda Cowley v. Virtua Health System, the Supreme Court of New Jersey reversed the judgement of the Appellate Division and held that when a patient removes a nasogastric tube herself and refuses its...more

Robinson+Cole Construction Law Zone

Limitations of liability—Scenario One: Waivers of Consequential Damages

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This is the second post in the four-part series “Limitations of liability—The Elephant in the Room.” Waivers of consequential damages have become the industry standard, and these clauses are found in most industry...more

K&L Gates LLP

The Supreme Court of New Jersey Defines a “Successful Claimant” Under New Jersey Court Rule 4:42-9(a)(6) for Fee-Shifting in...

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The Supreme Court of New Jersey recently issued a significant pro-policyholder decision regarding fee-shifting under the New Jersey Court Rules. Under Rule 4:42-9(a)(6), courts may award attorneys’ fees in “an action upon a...more

Cole Schotz

New Jersey Supreme Court Erects New Hurdle for Harassment Plaintiffs To Overcome

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Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law...more

FordHarrison

Boon to New Jersey Employers: State Supreme Court Confirms that Federal Faragher/Ellerth "Affirmative Defense" Now Applies to...

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On February 11, 2015, New Jersey's Supreme Court formally decided an important issue left open for nearly two decades concerning New Jersey's Law Against Discrimination (LAD). In Aguas v. State of New Jersey, __ N.J. __, No....more

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