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Case Briefs
New Jersey's Verbal Threshold Standard Clarified, at Least for Now
The New Jersey Supreme Court recently resolved the longstanding controversy over the proper interpretation of the 1998 Automobile Insurance Cost Reduction Act (“AICRA” or “Act”), N.J.S.A. 39:6A-1.1 to 35. See DiProspero v. Penn, 183 N.J. 477, 874 A.2d 1039 (2005), and Serrano v. Serrano, 183 N.J. 508, 874 A.2d 1058 (2005). AICRA basically provides policyholders with the choice of lower insurance premium payments in exchange for limiting their right to sue for non-economic damages. The Act's relevant “limitation on lawsuit” threshold prevents recovery unless the injured claimant sustains a bodily injury that results in death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; or a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. See N.J.S.A. 39:6A-8a. It further provides that such injury will be regarded as permanent only when the involved body part has not healed, and will not heal, to function normally with further medical treatment. Id. To satisfy the Act's requirements, a claimant who has filed a bodily injury suit must, within a specified time frame, provide a physician's sworn certification that objective clinical evidence demonstrates that the claimant has sustained a permanent injury of the type specified in the Act. Id.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."