Appellate Watch Blog

Underinsured Motorist Benefits Held Not Applicable

By Christine M. McCarthy, Esq. In Cox vs. Tomasso and NJM Insurance Group (A-0106-17T2), the Appellate Division upheld NJM’s exclusion to an UIM policy. In that matter, the Plaintiff was injured while operating a motorcycle. The motorcycle was insured with Rider Insurance company, carrying liability limits of $15,000.  The Plaintiff had a separate automobile insurance

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New Jersey court upholds jurisdiction for a Rutgers University police officer to stop and arrest a defendant for DWI

By Brian D. Kenney, Esq. On November 5, 2018, the Committee on Opinions approved an October 19, 2017 Law Division opinion from Middlesex County Superior Court in the matter of State v. Bentee Goines.  The State appealed a municipal court judge’s decision that a Rutgers University police officer lacked jurisdiction to stop and arrest the

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Auto Coverage Not Available for ATV Injuries

By Stanley J. Zator, Esq. On October 24, 2018, the Appellate Division delivered an unpublished opinion in the matter of Starner v. Haemmerle, et. al., No. A-0153-17T2, 2018 WL 5273995 (App. Div. Oct. 23, 2018), foreclosing the application of automobile insurance coverage to all-terrain vehicles. The underlying facts of this case involved an ATV accident

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Can a 7-year old commit an act of harassment, intimidation or bullying against another student in violation of the Anti-Bullying Bill of Rights Acts? The answer is yes.

By Jennifer Fortunato, Esq. In the case of J.L. v. Bd. Of Educ. Of the Bridgewater-Raritan Reg’l Sch. Dist., ____ N.J. Super ____ (App. Div. 2018), the Board of Education of the Bridgewater-Raritan Regional School District found that a group of 7-year old girls committed an act of harassment, intimidation or bullying (HIB) in violation

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Medical malpractice experts do not have to devote a majority of their professional time to the practice of the medical specialty at issue to qualify as experts

By Danielle N. Levine, Esq. In a published decision, Sandra Nicholas et al. v. Hackensack University Medical Center et al., 456 N.J. Super. 110 (App. Div. 2018), the Appellate Division reversed the lower court’s order granting Hackensack University Medical Center (“HUMC”) summary judgment based on the lower court’s erroneous determination that the plaintiffs’ expert did not qualify as an expert

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