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Blog Posts in 2016

  • Wave Goodbye to the Courtroom: Uber Updates Arbitration Agreement in Terms of Use

    The popular ridesharing service Uber recently updated their Terms of Use (ToU), effective starting Monday, November 21. The key portion to note is the updated arbitration agreement section, which will affect customers who seek to take legal action against the company. The full ToU can be found here , but we have highlighted some of the most important portions of the arbitration section below for ...
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  • NJ Transit Train Accident Costs Man Part of His Leg

    According to authorities, a man was struck by a NJ Transit train in Trenton, NJ early Sunday morning. The currently unidentified man was in critical condition after losing part of his leg in the accident. Lisa Torbic, a spokeswoman for NJ Transit reported that the man was apparently trespassing near the Trenton Transit Center at around 12:45 a.m. when a train arriving from New York struck him. He ...
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  • Attorney Todd Wachtel Published in New Jersey Legal Practice Guide

    Todd Wachtel, a partner at Levinson Axelrod’s Hillsborough office, was published as a contributing author in a new legal practice guide for New Jersey Workers' Compensation by Lexis/Nexis. A legal practice guide is a mix between a legal research book and a practical guide for lawyers. It is one of those items that many lawyers and Judges leave on their desks every day or carry with them to Court. ...
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  • The Importance of a Non-Elected Judiciary

    In New Jersey, we are fortunate that our judges are appointed and vetted through the political process rather than elected as they are in some states. This helps maintain the independence of the judiciary and makes them far less likely to beholden to anyone or anything except the law. A prime of example of what happens when the judiciary is not independent is what happened recently with State Farm ...
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  • Understanding Claims Against NJTransit - Your Rights and the Pitfalls

    Bringing a claim for injuries against New Jersey Transit (NJTransit) is not as simple as it may seem due to the fact that they are a “public entity” under New Jersey’s stringent Tort Claim Act. See N.J.S.A. 59:1-3 . As a governmental entity, NJTransit is permitted certain immunities under tort law which protect the agency against claims of negligence. These immunities are broad and are often ...
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  • Over 4 Million General Motors Vehicles Recalled Over Airbag Risk

    General Motors Co. announced that they were recalling nearly 4.3 million vehicles late last week, over 3.6 million of which are currently in the United States over a software defect. According to the vehicle manufacturer, the sensor module in the affected vehicles run the risk of spontaneously entering diagnostic mode during a crash which can prevent the front airbags and seatbelt pretensioners to ...
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  • What Is a Settlement Conference?

    The vast majority of civil cases are settled before anyone needs to go to trial, most often because all parties involved are able to reach an agreement before the set trial date. One of the most common places these settlements are reached is at a settlement conference. Under New Jersey Courts Rule 4:5B-3 [1] , courts are permitted to conduct a settlement conference in any civil action at the ...
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  • Medical Journal Study: "Medical Errors" Now #3 Cause of Death

    The British Medical Journal published a new study this May revealing that "medical errors" are now the third largest cause of death in the United States, only trailing heart disease (#1) and cancer (#2). The researchers noted that while the Center for Disease Control (CDC) keeps track of leading causes of death, there is no direct reporting of fatalities caused by medical mistakes. For example, ...
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  • How Do New Jersey Drivers Stack Up Nationally?

    According to data from the National Highway Traffic Safety Administration (NHTSA), it turns out they’re near the bottom of the list. The NHTSA reported more than 32,000 deaths from vehicle-related incidents in 2014 [1] , and New Jersey is responsible for more than its fair share of those fatalities. According to the research, New Jersey has the second most deaths per driver in the United States at ...
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  • 42 Injured After Barrier Collapsed at a New Jersey Concert

    42 people were injured at a Snoop Dogg and Wiz Khalifa concert on Friday August 5 after a railing collapsed, dropping approximately 50 people 10 feet onto a concrete path at the BB&T Pavilion in Camden, NJ. According to witnesses, dozens of concertgoers ran forward once the two rappers took the stage, and their combined weight pressing against the railing apparently caused the barrier to fail. 34 ...
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  • Swimming Hazards to Be Aware Of

    The hotter the summer days get, the more inviting swimming pools become. A day spent with your family in the cool water can be the perfect way to deal with the scorching sun, but if you don’t take the proper precautions a relaxing swim can quickly turn into a tragedy. The Centers for Disease Control and Prevention (CDC) reports that between 2005 and 2014, about 3,536 people died every year in ...
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  • Notice to New Jersey Construction Workers: Be Cautious in Summer Heat!

    Summer weather may be beautiful, especially compared to the dreary winter months, but it can be just as dangerous as it is pleasant if you don’t take care of yourself. While everyone should worry about their safety in these sweltering temperatures, construction workers, and other people who work outdoors need to take extra precautions to avoid heat-related illnesses and injuries. Why Is Heat Such ...
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  • What Is The Difference Between Auto Insurance Policies?

    Before buying or renewing your auto insurance policy, it’s important to consider a variety of factors, including whether or not your health insurance plan covers injuries sustained in auto accidents, the kind of coverage you may need, and how much you can afford to pay. The majority of drivers in New Jersey choose the Standard Auto Insurance Policy which provides a variety of coverage options, as ...
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  • "Pokemon Go" Raises Distracted Driving Concerns

    Amidst the Pokemon Go phenomenon that is sweeping the nation, many safety advocates have voiced concerns over driver and pedestrian distraction. Almost as fast as Pokemon Go permeated the cultural landscape did safety officials begin issuing warnings citing safety concerns. The free application is available to anyone with a smart phone. To succeed at the game, players travel around their city ...
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  • Pacific Cycle Strollers Recalled Over Front Wheel Defect

    Pacific Cycle has recalled approximately 217,600 Instep and Schwinn swivel wheel jogging strollers following reports that the front wheel is at risk of becoming loose and detaching from the stroller during use. The company issued the recall following 132 reports of front wheel failure, which resulted in a reported 215 injuries that included abrasions, bruises, bumps, head injuries, lacerations, ...
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