Employer Responsibility For Employee Actions Under Respondeat Superior Doctrine WHEN WILL AN EMPLOYER BE RESPONSBILE FOR THE ACTIONS OF ITS EMPLOYEE PURSUANT TO THE DOCTRINE OF RESPONDEAT SUPERIOR? Under the doctrine of Respondeat Superior, an employer may be found liable for the negligent actions of its employee if, at the time of the negligent action, […]
Can Your Insurance Company Refuse To Provide You With Insurance Coverage If You Lie To Them Concerning The Occurrence Of An Accident Or In Your Application For Insurance? New Jersey case law makes clear that policies of insurance may be voided ab initio if misrepresentations are made to the insurance company by the insured either […]
A Law Enforcement Officer Acting In Good Faith And Possessing Probable Cause Will Not Be Liable For Constitutional Rights Violations Under 42 USC 1983, Et. Seq. The Fourth Amendment gives rise to a claim, cognizable under Section 1983, for the constitutional tort of arrest without probable cause, which has long been recognized. See Monroe v. […]
New Jersey Public Entities Enjoy Immunity For Negligent Removal Of Snow And Ice But Not For Dangerous Conditions Of Property It is a well-settled premise that public entities (the State of New Jersey and their political subdivisions) enjoy common law tort immunity for the negligent removal of snow from their public ways. Miehl v. Darpino, […]
A Recent Change In Motor Vehicle Law That Can Affect You! The New Jersey Appellate Division made a significant change in a statute commonly used for plea bargaining moving traffic violations in the municipal courts in the State of New Jersey. The affected statute is N.J.S.A. 39:4-97.2, which is a subsection of the Careless Driving […]
New Snow And Ice Law! A new motor vehicle offense has been created: operating a motor vehicle with accumulated snow or ice on the vehicle. All areas of the vehicle are covered, including the windows, windshield, hood and trunk. Police are now authorized to stop cars with ice and snow while driving on a street […]
Plea Bargaining For Repeat Motor Vehicle Offenders Under The Unsafe Driving Statute N.J. Appellate Division Reverses Recent Decision Interpreting N.J.S.A. 39:4-97.2 A subsection of the Careless Driving statute, N.J.S.A. 39:4-97.2 is most commonly used for plea bargaining many motor vehicle charges in municipal court, and was created by the New Jersey legislature specifically for that […]
Can statements made to police prior to “Miranda” warnings (“You have the right to remain silent…”) be used as evidence against you? In Miranda v. Arizona, 384 U.S. 436, 458, 86 S.Ct. 1602, 1619, 16 L.Ed.2d 694, 714 (1964), the Supreme Court recognized that “[u]nless adequate protective devices are employed to dispel the compulsion inherent […]
Beware At New Jersey Crosswalks, Drivers And Pedestrians When you come to a crosswalk while driving, you may want to make sure you actually and completely stop your car from moving. You cannot roll, eek, inch, or otherwise creep through a crosswalk, and you certainly cannot blast through it, without being subject to legal penalty. […]
Employment Law I, Some Legal Analysis Of Constitutional Or Federal Claims FREEDOM OF SPEECH 42 U.S.C. 1983 provides: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State … subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to […]
