Category: NJ Supreme Court Reporter

Car Insurance

NJ Supreme Court Maintains Status Quo in Car Insurance Ruling

In Joshua Haines v. Jacob W. Taft, (A-13/14-17) (Decided March 26, 2019), the Supreme Court of New Jersey held that that plaintiffs who elected limited $15,000 personal injury protection (PIP) coverage can’t seek economic damages for the difference between their reduced limit and the amount of their unpaid medical bills, totaled

Caraballo

New Jersey Supreme Court Clarifies Relationship Between Workers’ Comp and NJLAD

By Donald Scarinci In Caraballo v. City of Jersey City, (A-71-17/080467) (Decided March 29, 2019), the Supreme Court of New Jersey held that police detective Frank Caraballo’s failure to utilize the New Jersey Workers’ Compensation Act’s (Act) administrative remedies to obtain knee replacement surgery precluded his failure-to-accommodate claim under the

NJ Supreme Court Rules Experts Can Testify About Symptom Magnification

In Alexandra Rodriguez v. Wal-Mart Stores, Inc., No. A-2/3-17/079470 (March 4, 2019), the New Jersey Supreme Court held that the admissibility of medical expert testimony using terms such as “somatization” and “symptom magnification” must be determined by trial courts on a case-by-case basis, consistent with the New Jersey Rules of Evidence

Scientific Evidence

New Jersey Supreme Court Clarifies Admissibility of Scientific Evidence

In In re Accutane Litigation, No. 079958, 2018 WL 3636867 (Decided Aug. 1, 2018), the Supreme Court of New Jersey provided much-needed clarity regarding the admissibility of scientific evidence under the New Jersey Rules of Evidence. Although the state’s highest court stopped short of declaring New Jersey a “Daubert jurisdiction,”

Breath Test

New Jersey Supreme Court Deems Breath Tests Inadmissible

In State v. Eileen Cassidy, (A-58-16/078390) (Decided November 13, 2018), the Supreme Court of New Jersey held that breath test results produced by Alcotest machines not calibrated using a NIST-traceable thermometer are inadmissible. The decision called into question thousands of convictions for driving while intoxicated (DWI). Facts of State v.

New Jersey Supreme Court Clarifies Consumer Fraud Act

In All the Way Towing, LLC v. Bucks County Int’l, Inc., (A066/67-17) (Decided January 24, 2019), the Supreme Court of New Jersey held that the Consumer Fraud Act’s (CFA) definition of “merchandise” should be liberally construed. It went on to hold that the definition extends to a customized tow truck.

Unemployed Volunteer Firefighter Entitled to Disability Benefits

In Kocanowski v. Township of Bridgewater, (A-55-17/080510) (Decided February 19, 2019), the Supreme Court of New Jersey held that the lack of outside employment did not disqualify a volunteer firefighter from receiving disability benefits. According to the court, N.J.S.A. 34:15-75 authorizes all volunteer firefighters injured in the course of performing