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Nov 13, 2024 | 
law.com | Louis Locascio
Can reckless driving be considered criminal? Yes, said the court, if defendant consciously disregards a substantial and unjustifiable risk which amounts to “a gross deviation from the way a reasonable person would have conducted himself in the situation.” State v. Huang, 240 N.J. 56 (2019). On Jan. 16, 2016, defendant and his passenger had finished dinner at a Chinese restaurant located in a strip mall adjacent to Route 27, Highland Park, New Jersey.
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Oct 14, 2024 | 
law.com | Louis Locascio
Who Got The Work Nicholas M. DePalma and Christian R. Schreiber of Venable have stepped in to represent CP Management Services, CRS RB4 Holdings and other defendants in a pending breach-of-contract lawsuit. The suit was filed Aug. 30 in Virginia Eastern District Court by Greenberg Traurig on behalf of Daito Kentaku USA. The case, assigned to U.S. District Judge Claude M. Hilton, is 1:24-cv-01538, Daito Kentaku USA, LLC v. Comstock Partners, LC.
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Sep 11, 2024 | 
law.com | Louis Locascio
May an expunged criminal record ever be used against a defendant? Yes, said the Supreme Court on July 31,2024. N.J. Division of Child Protection and Permanency v. A.P., __ N.J.___( 2024), (A-14-23). Want to continue reading?
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Jun 25, 2024 | 
law.com | Louis Locascio
Does a letter from a defendant, charged with car jacking, addressed to the victim and sent to the victim’s home, constitute witness tampering? It depends, said the Supreme Court. State v. Hill, N.J. (087840) (2024) (A-41-22). Want to continue reading?
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Apr 24, 2024 | 
law.com | Louis Locascio
Does the mode of operation rule apply where customers wait on themselves after being served by an employee? Yes, said the court in expanding the mode of operation rule. Aly v. A & H Bagels & Deli, A-2726-21 N. J. Super. (App. Div. 2023). Want to continue reading?
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Apr 23, 2024 | 
feeds.feedblitz.com | Joshua Robbins |Ross Garrett |Louis Locascio |Mercedes Diego
If you live or work in New Jersey, there is no debate that flooding is on the rise. It seems that we can’t go more than a week before learning of another upcoming storm for which we must prepare. As a direct response to these increased flood risks, New Jersey enacted a Flood Risk Notification Law that went into effect on March 20, 2024. The law imposes strict requirements for landlords and sellers of real estate in the state.
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Mar 21, 2024 | 
law.com | Louis Locascio
May a jury, during deliberations, view a crime surveillance video multiple times, in slow motion, and with pauses? Yes, said the New Jersey Superior Court, provided it is done in open court under the supervision of the trial judge and in the presence of counsel. State v. Knight, No. A-0377-20 (App. Div. Dec. 21, 2023). Want to continue reading?
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Feb 7, 2024 | 
feeds.feedblitz.com | Charles Toutant |Andrew Maloney |Louis Locascio |Colleen Murphy
The U.S. Court of Appeals for the Third Circuit addressed whether there is a First Amendment right to refuse to wear a protective mask when required by valid health and safety orders after two New Jersey parents were arrested for failing to comply with school mask mandates.
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Feb 6, 2024 | 
feeds.feedblitz.com | Charles Toutant |Colleen Murphy |Louis Locascio |Amanda O'Brien
The Appellate Division upheld a more than $1.5 million jury award and nearly $600,000 in attorney fees for a Sea Girt police officer for his claim that he was denied a promotion and discriminated against due to his military service obligation. Kenneth Hagel was a full-time patrol officer in Sea Girt in 2013 when he claims he was denied the opportunity to apply for the position of sergeant, and he maintains he was discriminated against also for being a member of the U.S. Navy Reserve.
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Feb 6, 2024 | 
law.com | Louis Locascio
On Nov. 16, 2023, the New Jersey Superior Court held that a complaint will not relate back where plaintiff failed to perform diligent inquiry prior to naming a fictitious defendant. Baez Zucco v. Walgreen, No. A-1709-21, N. J. Super. (App. Div. 2023). On May 23, 2018, plaintiff tripped and fell in defendant’s parking lot on 20 Arnot Street, Lodi, New Jersey, owned by defendant Walgreen Eastern.
