Category: Cases on Appeal

18June

Published Appellate Opinion on Medical Malpractice Jury Charge

As previously reported, Raff and Raff represented the Estate of Keisha Flood in a complex medical malpractice and wrongful death case. The case went to trial towards the beginning of 2012. During trial, settlements were reached with most of the defendants and the case proceeded against the remaining doctor. The allegation was that the radiologist
  • medical malpractice, personal injury, wrongful death
  • Posted by admin  Posted on 18 Jun  0 Comments
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28December

Driving While Suspended for Prior DWI Considered Felony

Related: DUI/DWI, Traffic Tickets.   As attorneys who represent drivers accused of drunk driving in New Jersey, we are often asked what will happen if caught driving while suspended for DWI. The consequences are severe, and include a host of penalties that include additional suspension, heavy fines, and possible jail time. Effective August 1, 2012,
  • criminal law, dui, dwi, traffic
  • Posted by admin  Posted on 28 Dec  0 Comments
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13June

Utility company liable for placing pole in dangerous location

Most of our car accident cases involve at least one driver who is clearly at fault. But what about the case where a person is injured after crashing into an electric or telephone pole? In the recent New Jersey Supreme Court case of Seals v. County of Morris, the court held that in certain circumstances
  • Posted by admin  Posted on 13 Jun  0 Comments
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09May

How long do I have to wait to expunge a criminal conviction?

As a New Jersey criminal defense attorney, many of my clients want to know how long they have to wait before they can file for an expungement. The New Jersey expungement law states in detail who is eligible for an expungement. You or your lawyer should review the current applicable provisions of N.J.S.A. 2C:52-1 through
  • criminal law, expungement
  • Posted by admin  Posted on 09 May  0 Comments
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19April

Admission to PTI bars a civil rights claim against police

Under the civil rights laws, specifically 28 U.S.C. 1983, a person can bring a civil suit against police and the municipality for violating a person’s civil rights and causing injuries. For example, if police use excessive force when making an arrest and injure a person, that person may have a case against the police for
  • Posted by admin  Posted on 19 Apr  0 Comments
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02March

NJ Legislature Moves Claims for Car Accident Injuries to the Head of the Line

In New Jersey, if you have your own auto insurance and are injured in a car accident, it is your own insurance company that pays for your medical treatment.  This is known as No Fault insurance, i.e. regardless of fault, your insurance company pays. The system generally does not effect your personal injury claim, if
  • Posted by admin  Posted on 02 Mar  0 Comments
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01March

Lab Report Not Admissible On Its Own

In the case of Bullcoming v. New Mexico, 131 S.Ct. 2705 (2011) the United States Supreme Court recently held that a lab report in a drunk driving case is not admissible on its own.  In other words, if a person is charged with DWI, the prosecutor cannot simply show the judge the lab report and
  • Posted by admin  Posted on 01 Mar  0 Comments
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27February

Raff and Raff wins case on appeal

Towards the end of 2010, we won a jury trial in which the jury found that our client had suffered a permanent injury to her back in a car crash. The defense argued that our expert should not have been allowed to testify that the injury was permanent, nor read the client’s MRI films at
  • Posted by admin  Posted on 27 Feb  0 Comments
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13February

Community Caretaking Exception to Warrant Requirement is Clarified

In the recent appellate division case of State v. Witczak, 421 N.J. Super. 180 (App. Div. 2011), the court clarified what is known as the “community caretaking” exception to the requirement that police obtain a warrant before searching a person’s home.  Here are the facts from the case: On May 9, 2009, at approximately 9:43
  • Posted by admin  Posted on 13 Feb  0 Comments
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