Red-Light Camera Ticket? You May Be Entitled to a 10% Refund | Rate Your Statisfaction with NJ's Courts

In New Jersey

Broken foot at Seether concert not enough for injury lawsuit, N.J. court rules

By Salvador Rizzo | The Star-Ledger
September 17, 2013

A state appeals court has thrown out a lawsuit from a man who broke his foot and tore a knee ligament at a rock show, saying even though he was hurt, the concert by the band Seether wasn't rowdy enough to make the venue liable for damages.

In 2009, Mark D'Alessio and a nephew of his went to see Seether, a chart-topping South African band influenced by grunge rockers Nirvana and Nine Inch Nails, at the Starland Ballroom in Sayreville.

-----------------------------------------------------------------------------------------------

Settlement Approved in Litigation Over Red-Light Camera Tickets

By Charles Toutant | New Jersey Law Journal

September 13, 2013

A federal judge on Thursday approved a $4.2 million settlement over New Jersey's much-maligned red-light traffic camera program, with an eye to fair functioning in the future.

U.S. District Judge Peter Sheridan's order in Telliho v. American Traffic Solutions requires that a special master investigate whether the system "operates efficiently and effectively."

Class members, which number about 408,500, will receive 10 percent of the fines they paid for camera-based tickets, ranging from $14 to $85. They must file their claims by Oct. 28.

-----------------------------------------------------------------------------------------------

Consumer Fraud Attorney Fees Not Recoverable Without Loss

By Michael Booth | New Jersey Law Journal

September 13, 2013

Plaintiffs who fail to show they suffered an ascertainable loss from violations of the New Jersey Consumer Fraud Act are not entitled to attorney fees, the state Supreme Court held Thursday.

The court, in Perez v. Professionally Green, expanded on an earlier holding that denied attorney fees where CFA claims did not survive summary judgment. In this case, the claims were dismissed after the plaintiffs' proofs.

"The ruling reflects a correct balance between protecting consumers and protecting the rights of small businesses," says the winning attorney, Jerald Howarth of Parsippany. "The court here properly precluded an overreach of the [CFA] legislation, which would unfairly punish contractors who have fulfilled their contractual obligations.

-----------------------------------------------------------------------------------------------

N.J. Court Users Will Be Asked To Rate Their Satisfaction Levels

By Mary Pat Gallagher | New Jersey Law Journal
September 18, 2013

Visitors to the 42 buildings that house the New Jersey courts will soon get a chance to give feedback on their experiences with the state justice system.

During the week of Oct. 7, staff in every vicinage will hand out what is in essence a customer satisfaction survey, gauging users' ratings of ease of access to the courts and fairness of treatment received.

The survey was initiated by the Supreme Court Advisory Committee on Access and Fairness, formed in 2011 to focus on how the courts are performing in the face of economic pressure, the continued increase in pro se litigants and "the need to treat each case and each litigant with dignity and respect."

Medical Liability Reform

Pa. 'benevolent-gesture' bill for physicians advances

By Leila Haghighat | Philadelphia Inquirer
June 30, 2013

On the physician's checklist, somewhere between describing how difficult an operation was and which steps a family might want to take next, expressions of empathy may now become more prevalent.

Again making its way through the Pennsylvania legislature is a bill - "benevolent-gesture" legislation - that would prohibit empathetic statements such as apologies and condolences from being used against medical personnel in court.

The measure, which passed unanimously in the state Senate Tuesday and the House Judiciary Committee Friday, has advanced farther than previous efforts.

Senate Bill 379 awaits a vote on the House floor, but it will vie for lawmakers' attention before the summer recess, up against other pressing issues such as liquor privatization and pension reform.

Similar laws have been enacted in 36 states, as well as the District of Columbia and Guam, but not in New Jersey.

-----------------------------------------------------------------------------------------------