In civil litigation, the admissibility of a plaintiff’s prior criminal convictions can play a crucial role in shaping the jury’s perception and the overall outcome of a case. While criminal convictions are often viewed as prejudicial, defense counsel can successfully admit such evidence by employing strategic legal arguments and adhering to the rules of evidence. This essay will explore the legal framework surrounding the admissibility of prior convictions, outline effective strategies for defense counsel, and emphasize the importance of context in presenting this evidence to the jury. Defense counsel can successfully admit a plaintiff’s prior criminal convictions into evidence in
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Archives for Rules of Civil Procedure
NJ Appellate Court Reiterates That the Existence of a Duty of Care Is a Question of Law for the Court
A New Jersey Appellate Court has again reversed a lower court’s denial of a defendant’s summary judgment motion in a personal injury negligence case because the trial court mistakenly decided that genuine issues of material fact needed to be determined by the jury as to whether defendant owed plaintiff a duty of care. Reiterating well-established New Jersey case law, the Court held that the determination of whether a duty is owed is a question of law that needs to be decided by the judge, not a jury at trial. In Rivera v. Cherry Hill Towers, plaintiff filed suit against Cherry
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New Jersey Grants Summary Judgment to Insurer in Coverage Dispute by Another Insurer Seeking Reimbursement of Defense and Indemnification Costs for a Mutual Insured
In Ace American Insurance Company v. Penn National Insurance Company, the New Jersey Superior Court, Bergen County, considered a coverage dispute between two insurers providing insurance to a mutual insured for reimbursement of defense and indemnification costs associated with the settlement of a suit against the insured general contractor. The court held that the suit was barred by the applicable six-year statute of limitations, which began to accrue when an enforceable settlement was reached in the underlying action, and granted summary judgment in favor of the defendant insurer. In this case, Ace provided general liability insurance to the insured, while
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New York Supreme Court Denies Motion for Protective Order Regarding Instagram Account
In Smith v. Brown, the Supreme Court of Bronx County, New York examined a motion for protective order regarding requests for admissions pertaining to the plaintiff’s Instagram account. The underlying case concerned a motor vehicle accident that purportedly resulted in serious injuries. The defendant served the plaintiff with requests for admission as to whether a certain Instagram account belonged to the plaintiff, whether the plaintiff had recently changed the account to “private,” and whether certain photographs and videos on the account belonged to the plaintiff and were taken after the subject accident. While most of the photographs on the account
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New Jersey Appellate Court Holds That Invasion of Privacy Claim Based Upon Surreptitious Recording is Not Conditioned Upon Existence of Recording
In Friedman v. Martinez, the New Jersey Superior Court, Appellate Division, examined a lawsuit brought by over sixty women alleging that a janitor surreptitiously recorded them through hidden equipment placed in an office building restroom. The women brought suit against numerous defendants, including the janitor, building owner, and management company. The defendants filed a motion for summary judgment, seeking to dismiss the claims of thirty-five plaintiffs who did not appear in the approximately eight hours of recordings recovered by police during their investigation. The motion was granted, and the claims of these plaintiffs were dismissed. On appeal, the Appellate Division
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New York Federal Court Authorizes Deposit of Policy Proceeds in Interpleader Action Involving Priority of Liens
In Allstate Indem. Co. v. Collura, the United States District Court for the Eastern District of New York considered an interpleader action brought by a homeowners’ insurer. After determining the amount owed on a partial loss claim, the insurer learned that several parties were lienholders with potential entitlements to the insurance proceeds. The lienholders included the mortgagee, the bank to which the mortgage was assigned, the mortgage servicer, the United States government (which held tax liens), and a third party that asserted a claim against the policyholder. The insurer sought to deposit the actual cash value payment with the Court,
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