News & Resources

The Appellate Division Holds that the Notice Period of the Tort Claims Act for a Parent’s Derivative Tort Claim is Tolled Until the Child Notices their Claim

The Appellate Division Holds that the Notice Period of the Tort Claims Act for a Parent’s Derivative Tort Claim is Tolled Until the Child Notices their Claim

On January 20, 2022, the Appellate Division in the Estate of Dunmore v. Pleasantville Bd. of Educ., decided an issue of first impression: whether a parent’s tort claims notice for a Portee claim filed ninety-one days after a tragic shooting and eighty-six days after the child’s death was timely. Portee v. Jaffee, 84 N.J. 88 (1980) (referring to a claim for negligent infliction of emotional distress). Borrowing principles from N.J.S.A. 2A:14-2.1, the Appellate Division concluded that the claim was timely.

 

On November 15, 2019, the respondent, Angela Tennant, and her ten-year-old son, Micah Dunmore, were attending a high school football game at Pleasantville High School when an individual fired a gun into the stands...

The New Jersey Insurance Fair Conduct Act—Signed Into Law

The New Jersey Insurance Fair Conduct Act—Signed Into Law

On January 18, 2022, Governor Phil Murphy signed The New Jersey Fair Conduct Act, allowing policyholders to pursue a private cause of action against their insurance company when the insurer unreasonably delays or denies uninsured (UM) / underinsured (UIM) motorist claims.

 

Under the new law, an insured individual claiming UM/UIM benefits may now file a civil lawsuit against their insurance company if the company...

Can I Sue? Common Scenarios/Situations Following A New Jersey Car Crash

Can I Sue? Common Scenarios/Situations Following A New Jersey Car Crash

If there’s one thing worse than being in a car accident, it’s finding out that an unforeseen issue may or may not prevent you from pursuing adequate compensation. You may be in pain, daily life activities such as housework, school, or work are now more challenging, and medical bills are piling up.

 

What happens if the other driver does not have any insurance or a minimal amount of insurance? What if you are an undocumented/illegal immigrant? What if your license is suspended or your insurance has lapsed? As every accident involves many factors, it’s hard to say how your specific situation will play out, but the following post aims to answer common situations generally.

The New Jersey Insurance Fair Conduct Act Passed—Awaits Governor's Signature

The New Jersey Insurance Fair Conduct Act Passed—Awaits Governor's Signature

On January 10, 2022, just before the conclusion of the 219th New Jersey Legislature, The New Jersey Insurance Fair Conduct Act (S1559/A1659) squeaked through both houses and now sits on the desk of Governor Phil Murphy.

 

The new law establishes a private cause of action for first-party claimants regarding certain unfair or unreasonable practices by their insurer. It continues to be hotly contested by the insurance industry...

Snow and Ice Accidents: What to Know About Car or Truck Accidents, as well as Slip and Fall Accidents Caused by Snow or Ice

Snow and Ice Accidents: What to Know About Car or Truck Accidents, as well as Slip and Fall Accidents Caused by Snow or Ice

Southern New Jersey experienced a tremendous amount of snowfall today, and we are again reminded that New Jerseyans are no stranger to winter conditions and the difficulty it presents in getting around, whether it be on foot or driving a vehicle. When winter conditions are a factor in a car crash, determining whether the crash was the fault of another party or just an accident can often be tricky. Likewise, where snow or ice is a factor in a slip and fall, it again can be challenging to determine whether the fall resulted from the pedestrian’s failure to observe conditions or the fault of another party for not properly clearing a walkway...

What to do if your car or truck accident police report is incorrect and how to read a New Jersey Police Crash Investigation Report

What to do if your car or truck accident police report is incorrect and how to read a New Jersey Police Crash Investigation Report

Whenever there is a motor vehicle accident, New Jersey law requires calling the police to report an accident. N.J.S.A. 39:4-130. This report will be used as the official description of the accident. While official, it may not be entirely correct or representative of what actually happened.

 

This occurs on countless occasions and for myriad reasons, whether you were shaken up and not thinking clearly, the officer misheard your statement or wrote down the wrong information, or the other party gave a false narrative of the happening of the collision. Whatever the reason is, it is crucial that you clear up any inconsistencies as soon as possible...

New Jersey's Most Common Types of Car Accidents and Common Resulting Injuries

New Jersey's Most Common Types of Car Accidents and Common Resulting Injuries

Motor vehicle accidents and resulting injuries are all too common in New Jersey. In fact, according to Zebra.com, the most dangerous highway in the United States is Interstate 95 (I-95), which runs right through New Jersey, and accounts for the highest number of overall fatalities (284) and fatalities per 100 miles (14.88).

 

Consequently, motorists are well-advised to drive carefully in New Jersey, especially when traveling on I-95. The following offers general information regarding the most common types of car accidents and the most common types of injuries that may result.

New Jersey Whistleblower Law: An Overview of CEPA

New Jersey Whistleblower Law: An Overview of CEPA

The Conscientious Employee Protection Act (“CEPA”) is among the country's broadest and most far-reaching whistleblower statutes. At its core, CEPA protects employees from retaliation, including being fired, demoted, suspended, passed up for a promotion, or harassed, due to an employee objecting to something he believed violated the law.

 

It applies not only to the private sector but likewise covers state and local government employees and may additionally provide coverage to those who are...


DOWNLOADS

Miscellaneous



RECENT POSTS

Categories

SIGN UP FOR OUR NEWSLETTER

Newsletter

Stay up to date on the latest with Farrell & Thurman, P.C.

Email