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Monday 9am - 5pm Tuesday 9am - 5pm Wednesday 9am - 5pm Thursday 9am - 5pm Friday 9am - 5pm

Zager Fuchs, P.C., 268 Broad Street, Red Bank, NJ (2023)

03/07/2023

Appellate Court Finds Disputes in Crash, No Conviction or Guilty Plea to DWI | New Jersey Law Journal

Here, the Legislature's language is plain and unambiguous, Judge Carmen Messano said. It evidences the clear intention to deny a plaintiff convicted of DWI the possibility of prevailing in a suit for damages arising from the subject motor vehicle accident by eliminating the convicted plaintiff's 'ca...

03/02/2023

SCOTUS Questions Whether NY Can Keep NJ 'On the Hook Indefinitely' for Waterfront Commission | New Jersey Law Journal

So we know here that the parties never intended for this to be perpetual, stated Justice Sonia Sotomayor. And so I see the question as what are the situations in which one party can withdraw? Once you said they didn't intend for it to be perpetual. I think that's the end of the game.

02/28/2023

Judicial Vacancies Reach Crisis Level | New Jersey Law Journal

We respectfully say: Try harder.

https://www.nj.com/news/2023/02/nursing-home-residents-were-pushed-to-sign-over-their-money-to-a-guy-they-never-met-lawy...

02/09/2023

Nursing home residents were pushed to sign over their money to a guy they never met, lawyers say

https://www.nj.com/news/2023/02/nursing-home-residents-were-pushed-to-sign-over-their-money-to-a-guy-they-never-met-lawyers-say.html

Some long-term care residents signed away control of their savings, pensions and homes, documents show.

02/07/2023

NJ Judicial Vacancy Crisis Forces Judiciary to Cancel All Civil and Matrimonial Trials in 2 Vicinages | New Jersey Law Journal

We recognize that when the doors of the courthouse are closed–even partially–people entitled to their day in court suffer real harm, said Chief Justice Rabner in a statement. We therefore respectfully call on the executive and legislative branches to address the current vacancy crisis in Vicinag...

02/06/2023

Raise the Judicial Retirement Age | New Jersey Law Journal

The Legislature should move ahead.

02/06/2023

Confidentiality of Client Information: High Court Must Weigh In | New Jersey Law Journal

It seems to us that the Appellate Division lacks the authority to modify the scope of obligations of confidentiality under RPC 1.6. We call upon the Supreme Court to clarify.

02/01/2023

'We're All Going to Get There': Litigators See Turnaround in Federal Courts | New Jersey Law Journal

But litigating in the District of New Jersey still entails explaining the slow pace to clients, an attorney said.

01/31/2023

Federal Judge OKs J&J's Suit to Proceed Over Depleted Patient Financial Assistance for Costly Prescription Meds | New Jersey Law Journal

The inflated co-pays are key to the alleged scheme because the higher amounts essentially force patients into the program, Judge John Michael Vazquez wrote. The second part of the purported SaveOnSP Program is to target patients. Plaintiff alleges that defendant uses the threat of the artificially i...

01/31/2023

Polarization, Misinformation Undermining Confidence in the Courts | New Jersey Law Journal

Addressing lack of confidence in the legal system and courts requires a coordinated effort and plan of action. Promoting positive portrayals of judges, courts and lawyer is critical.

01/31/2023

Enforcing Forum Selection Clauses: NJ Court Weighs In | New Jersey Law Journal

As 2022 ended, it took much of the uncertainty surrounding how a New Jersey court should address a forum selection clause when faced with a claim that the contract, as a whole, was obtained through fraud.

01/31/2023

In Momentous Win For Plaintiffs, Third Circuit Dismisses J&J Talc Bankruptcy | New Jersey Law Journal

On Monday, the U.S. Court of Appeals for the Third Circuit reversed a bankruptcy judge's decision, concluding that Johnson & Johnson subsidiary LTL Management was not in financial distress at the time it filed its Chapter 11 case in 2021.

01/10/2023

Opinion | Ron DeSantis Flubs Insurance Reform in Florida

Eliminating the assignment of benefits is a good thing; eliminating the recovery of legal fees isn’t.

01/09/2023

Protection of Our Judiciary Should Be a Priority | New Jersey Law Journal

These measures are essential to support the rule of law in our state and the nation.

01/03/2023

Salas Praised for Judicial Security Advocacy in Chief Justice Roberts' Annual Report | New Jersey Law Journal

Roberts praised Judge Esther Salas as “a brave, able, and admirable advocate” for judicial security.

12/15/2022

'I Did Not See a Single Person': Things Have Changed at Courthouses | New Jersey Law Journal

Attorney Beth Baldinger said younger lawyers at her firm only know the law through the computer. They don't get on their feet in front of a judge. It's not the same.

11/15/2022

Our Partner, Mike Warshaw, is co-chair of the Professionalism Committee of the Monmouth Bar Association and is moderating a seminar on Wednesday, Nov. 16, 2022:

THE PROFESSIONALISM COMMITTEE OF THE MONMOUTH BAR ASSOCIATION INVITES MEMBERS OF THE BENCH AND BAR TO ATTEND OUR ANNUAL PROFESSIONALISM SEMINAR

WEDNESDAY, NOVEMBER 16, 2022
2:00 P.M. - 4:00 P.M.
IN-PERSON SEMINAR
2.0 MCLE ETHICS CREDITS
Cost: $45

MODERATORS: MICHAEL T. WARSHAW, ESQ. AND RACHEL FLANAGAN CREIGHTON, ESQ. CO-CHAIRS, PROFESSIONALISM COMMITTEE

OPENING REMARKS: HONORABLE LISA P. THORNTON, A.J.S.C.
WELCOMING REMARKS: F. BRADFORD BATCHA, PRESIDENT, MONMOUTH BAR ASSOCIATION

GUEST SPEAKER: MICHAEL T. McCORMICK, DIRECTOR & COUNSEL, NJ LAWYER’S FUND FOR CLIENT PROTECTION

PROGRAM: THE IMPORTANCE OF PROFESSIONALISM AND ITS APPLICABILITY IN ALL FACETS OF PRACTICING – CIVILITY, RESPONSIVENESS, FIDUCIARY ROLE – WHEN TO DO WHAT AND HOW

11/08/2022

Photos from No Limits Cafe's post

10/16/2022

Via: on Instagram

10/11/2022

The Civil Justice System and 7th Amendment Are Under Assault | New Jersey Law Journal

OPED: The assault on the Constitutional right to trial by jury can only be prevented through heightened public awareness and the actions of lawyers and their clients fighting back in courts across the country and in Congress.

09/27/2022

Thanks for covering my licence plate bro 😎
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09/17/2022

Americans Make Enormous Sacrifices While Bidenflation Remains At 12.6%

Prices rose by 12.6% under President Biden's administration.

09/15/2022

NJ Appeals Court Transfers Attorney Fee Dispute Over Liquor License Procurement to Disciplinary Review Board | New Jersey Law Journal

The New Jersey Appellate Division has ruled that it does not have jurisdiction to hear an appeal from a district fee arbitration committee matter, instead transferring the case to the Disciplinary Review Board.

09/09/2022

Thanks for the submission
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09/07/2022

Originalism Debate Swamps Third Circuit Nominees' Hearing as 'No One Wants to Express a Judicial Philosophy' | New Jersey Law Journal

As the panel considered Third Circuit nominees Cindy Chung and Tamika R. Montgomery-Reeves, a debate erupted over judicial philosophy.

09/01/2022

Knowing Why Associates Became Lawyers May Help Retain Them | New Jersey Law Journal

How your talent answers this question may give insight into how to keep them, David Gialanella writes in the latest Mid-Market Musings column.

08/18/2022

When a Victim May Appeal a Trial Court’s Order | New Jersey Law Journal

This is a most important first impression case on the issue of standing.

08/18/2022

The War on Independent Contractors | New Jersey Law Journal

Very sophisticated adjudicatory authorities cannot even agree on what an 'employee' is. But we have adopted a legal scheme that subjects a business owner to being labeled a fraudster if she guesses wrong.

08/10/2022

Attorney Review of Palimony Agreements Is No Longer Required | New Jersey Law Journal

According to a recent decision by the Supreme Court of New Jersey, people in cohabiting, non-marital relationships no longer need to hire attorneys to review their palimony agreements for them to be considered enforceable and valid.

This is a remedial measure that is long overdue. The $15,000 limit has been static since at least the 1980's. The cost...

08/08/2022

Murphy signs costly auto insurance law that will affect 1.1M N.J. drivers

This is a remedial measure that is long overdue. The $15,000 limit has been static since at least the 1980's. The cost of living has increased far beyond the minimal $10,000 increase in the minimum coverage amount of insurance required. And the so-called "Dollar-a-Day" policies are still available for those who cannot afford minimal liability coverage. It is also arguable that if the minimum liability coverage is raised by $10,000, the premium charges for underinsured coverage should be reduced, since there is a higher threshold before its provisions can be activated.

Industry officials said about 1.1 million drivers will pay roughly $125 more each year.

08/08/2022

Audio on Mute: Case Questions Whether Cameras Inspire Trust in Law Enforcement | New Jersey Law Journal

If officers shut their cameras or the audio off, it undermines the very purposes of having the cams, attorney and police reform advocate CJ Griffin said.

07/19/2022

'That's Absolute BS': Defense Lawyers Gird for Fight Over New Drunken-Driving Tester | New Jersey Law Journal

An attorney not making the objection would be committing malpractice. So a big 'Frye' hearing is coming, alright, said defense attorney Jeff Gold.

07/18/2022

There Is No Such Thing as an “IME” in New Jersey Injury Litigation | Clark Law Firm

Clark Law Firm There Is No Such Thing as an “IME” in New Jersey Injury Litigation Please contact Clark Law Firm for any additional questions.

04/07/2022

After 50 years on Broad Street in Red Bank Zager Fuchs, P.C. is moving. Come visit us at our new location!

03/01/2022

New driving law quietly debuts Tuesday. Here are the new passing rules for N.J. drivers.

The new state law about safely passing bikes and pedestrians debuts Tuesday.

01/20/2022

Lawyers, Title Insurance Companies Targeted in 'One of the Hottest Real Estate Scams' | New Jersey Law Journal

Lawyers and settlement agents are falling for these wire fraud schemes.

https://www.law.com/njlawjournal/2022/01/07/proposed-law-would-strengthen-clients-suits-against-insurance-companies-for-...

01/10/2022

Proposed Law Would Strengthen Clients' Suits Against Insurance Companies for Bad Faith | New Jersey Law Journal

https://www.law.com/njlawjournal/2022/01/07/proposed-law-would-strengthen-clients-suits-against-insurance-companies-for-bad-faith/?kw=Proposed%20Law%20Would%20Strengthen%20Clients%27%20Suits%20Against%20Insurance%20Companies%20for%20Bad%20Faith&utm_source=email&utm_medium=enl&utm_campaign=newsroomupdate&utm_content=20220110&utm_term=njlj&slreturn=20220010120915

The New Jersey Association for Justice website was asking the group's members to contact their Assembly representatives and ask them to vote for the bill. The group provided talking points for such calls, calling the bill an important consumer protection, and needed because under current law there i...

12/16/2021

Public Service Announcement.

If a car insured under a $15k Geico insurance policy (of which there are many in NJ) injures you or a loved one severely, you then have the option of suing your own auto insurer up to the extent of the UIM (underinsured motorist) coverage you purchased (we see many $250k and $300k policies like this). In many cases, even when the UIM carrier knows that your claim is worth more than your limits (injuries require significant surgery/medical treatment and are permanent), the carrier will insist that you take less than the policy limits to settle or require you to try your case because they know your recovery is capped at the UIM coverage limits even if you obtain a significant verdict at trial.

A bill is pending in NJ to stop this reprehensible practice. Geico is emailing all of their policyholders to lobby our Assembly against this bill which requires the auto insurers of NJ to deal in good faith. It isn’t a boon to trial lawyers, it is a protection to the public that buys an important auto insurance coverage.

Hey Geico, and other NJ insurers, how about you honor the policies that you sold and the promises contained in them instead of trying to beat your policyholders out of the coverage they bought?

If you have cut rate coverage switch to a good carrier. Also, let your legislators know that you support laws requiring insurers to deal with you in good faith.

10/05/2021

Timeline photos

Check us out on Twitter https://bit.ly/3h5FTMj

05/12/2021

Today’s PSA:
NJ drivers, DO NOT choose your health insurance as the primary payer of car accident-related medical bills. ALWAYS make your car insurance primary. Many health plans have big deductibles and a lien provision. You must reimburse your health plan from any settlement or judgment. Also, ALWAYS select the standard $250,000 PIP medical coverage with a $250 deductible. I’d be happy to review your auto coverage gratis.
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And if you drive a company car, check the policy your employer has. You may not have as much coverage as you or your employer think, Even if you are the employer.