Law Offices of John C. Lane
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Feature Articles
We hope you find our current updates of legal and technological news of interest to you, our readers. The news comes from technical and business sources, and from the courts, legislators, and regulators who affect us all. We welcome your comments and questions regarding any of these legal issues.
Summer 2011
In This Issue
- We Do Not Forget - Ten Years After 9-11
- In The News
- Forum Non Conveniens Remains an Important and Viable Tool
- NY No-Fault Threshold Defense Supported by Radiologist Report
- Drunk Driver May Sue the Bar: Voss v. Tranquilino Affirmed
- Immunity Extended to Basic Life Saving Rescue Squad
- There’s No Free Ride
The Lane Law Letter
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Summer 2010
In This Issue
- Supreme Court Watch
- We've Been Busy
- Florida is Proper Venue for NY Plaintiff Injured in Gulf of Finland
- NJ Wrongful Death Action is Not Barred by Statute Violation
- NJ Allows Drunk Driver to Sue the Bar
- NJ’s Punitive Damage Law Applied to NY Federal Court Case
- Judgment Vacated in NJ Wrongful Death Suit
- If the Duty Doesn’t Exist, You Must Dismiss
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Autumn 2009
In This Issue
- America's Cup Decided by New York Court of Appeals
- Commercial Landlord Not Liable for Injury Caused by Roof Leak
- Forum Non Conveniens - What's It All About?
- Federal Court Denies Request for Spoilation Inference
Federal Court Sacks the NFL Over Head Injuries
On January 31, 2012, just six days before Super Bowl Sunday the Judicial Panel on Multidistrict Cases ordered the consolidation of a series of class actions brought against the League and others by football players alleging....read more
New Jersey Supreme Court Bars Wrongful Death Lawsuit if
Decedent Does Not Maintain Auto Insurance
In Aronberg v. Tolbert, a mother brought a wrongful death lawsuit on behalf of the estate of her son, who was an uninsured operator of an automobile and who lost his life in a motor vehicle accident. A NJ statute, N.J.S.A. 39:6A-4.5(a), provides that....read more
Delivery Truck Driver Has No Duty to Inspect for Children Hitching
Ride on Back of Truck
On July 6, 2011, The Superior Court of New Jersey, Appellate Division, held in Badalamenti v. Simpkiss that a driver of a delivery truck had no duty of care to inspect for unexpected riders on the back of his truck, after a teenager fell off the back of defendant’s truck and....read more
Forum Non Conveniens Doctrine Occupies New Jersey and
New York Courts
Four recent cases in New York and New Jersey demonstrate that the doctrine of forum non conveniens, a venerable rule of law tempered with equitable principles, is alive and well....read more
Broker Held Liable for Trucker’s Negligence
Hard facts make hard law. This Illinois case, Sperl v. C.H. Robinson Worldwide, Inc., proves the adage and may have implications beyond Illinois, for brokers and shippers. The appellate court recently affirmed a ruling holding the broker vicariously liable for a trucker’s negligence that caused....read more
Transportation Carriers of the Year
We are proud to represent two of Walmart's Transportation Carriers of the Year, Heartland Express Inc. of Iowa and YRC Worldwide....read more
New Jersey Appellate Court Clarifies Use of Res Ipsa Loquitur,
Spoliation of Evidence Rules
A cold January night amid freezing rain and a slippery roadway on the New Jersey Turnpike set the stage for an accident whose facts were never fully learned. There were three cars and two tractor-trailers. One car and one of the trucks left the scene without the drivers being identified or interviewed. Mark Cockerline lost his life that evening....read more
Federal Removal - The New York State of Mind
(with apologies to Billy Joel)
Our clients, especially out-of-state trucking companies and product manufacturers, routinely prefer to have New York and New Jersey lawsuits removed to federal court. In most cases we agree completely with that point of view. In some cases, however...read more
