Bernadette Kelly Kirwin

🚨 Megan's Law: NJ Supreme Court Ruling in In re Registrant R.H. 🚨 On July 1, 2024, the NJ Supreme Court decided a consolidated case, In re Registrant R.H., and In re Registrant T.L., 258 N.J. 1 (2024), which clarified that the 15-year offense-free requirement under Megan's Law to terminate registration and reporting requirements does not apply to juveniles adjudicated delinquent in family court. The NJ Supreme Court reviewed cases involving two individuals, R.H. and T.L., both adjudicated delinquent for aggravated sexual assault as juveniles. They sought to terminate their Megan's Law registration obligations after being offense-free for several years. The trial courts and the NJ Appellate Division denied their motions, applying the 15-year rule. However, the NJ Supreme Court held that this requirement does not extend to juveniles adjudicated delinquent in Family Court, as N.J.S.A. 2C:7-2(f), applies only to those convicted as adults or juveniles tried as adults. Juveniles adjudicated delinquent must still prove that they do not pose a threat to public safety to terminate their registration obligations. Read the BLG Blog Here: https://lnkd.in/ePTErVsW Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. No aspect of this advertisement has been approved by the Supreme Court of New Jersey Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ #NewJersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️  Robert Bianchi, ESQ., NREMT David Bruno, Esq.  Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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PIANY-supported supplemental spousal liability amendments have been signed into law by New York Gov. Kathy Hochul. What are these important changes to the supplemental spousal liability coverage in New York state? Read more. 👉 https://loom.ly/0NUMlO4 #NYSSpousalLiabilityLaw #NYSlaw #InsurancePros #InsuranceMatters

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While the District Court dismissed Cambridge’s indeterminate product defect claim because New Jersey has not recognized a standalone claim, the holding may be just as important in that it recognizes the test as valid. Because of the nature of fire, products are often so severely destroyed that experts are unable to determine a specific defect because of the unavailable evidence. This alternative means of proving a defect is critical in such cases, and any court reiterating its availability is a positive result for #subrogation practitioners. #NewJersey #ProductsLiability You can read more from Lian Skaf, and about the case, in The Subrogation Strategist.

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Seven phrases to avoid when settling claims: When settling claims with attorneys, it’s prudent that clients feel they’re being paid a fair amount. That means claims professionals must be good negotiators. Yet, many claims professionals inadvertently send the wrong message to their clients, Carl Van, president and CEO of International Insurance Institute Inc., said during the Canadian Independent Adjusters Association (Canada) (CIAA) 4th annual Canadian Claims Summit. #ClaimsProfessionals #InsuranceProfessionals #InsuranceEducation #Innovation #Networking #ClaimsSummit2024

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https://lnkd.in/eAySbNed Property owners, take note: the MA Superior Court just issued a decision in an important case that could directly impact your property insurance claim. #publicadjusters #legalalert #propertyclaims

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Unveiling Legal Malpractice: Claims Preclusion and Pleading Wars Learn about the legal strategy of claims preclusion and the consequences of failing to raise affirmative defenses. Discover how it can lead to pleading wars and potential malpractice in this informative video. #LegalMalpractice #ClaimsPreclusion #PleadingWars #AffirmativeDefenses #LegalStrategy #MalpracticeConsequences #LegalKnowledge #LitigationTips #Lawyers #LegalIssues

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“NYS Appellate Court: Insured’s Investigative Statements to Liability Insurer Are Protected From Disclosure”—Learn more in this alert from our Insurance Coverage & Regulation and Torts & Products Liability Defense Practice Areas, authored by Earl R. S., associate. Click here to read the alert: https://lnkd.in/gUZrq8SB #Alert #NYS #AppellateCourt #Lawsuits #LiabilityInsurance #FourthDepartment #Investigation #InvestigativeStatements #Discovery #InsuranceCarrier #UndueHardship #Accident #Claim

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Why does succession planning matter? Attorney Jason Marx explains why it's vital to planning for the future on page 34 of New Jersey Automotive. https://lnkd.in/eiMgscxC #successionplanning #navigatethefuture #businesscontinuity #legalperspective Jason Marx

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In an article for the New Jersey Law Journal, Partner Peter Espey explores the nuanced world of punitive damages in medical malpractice. With the Punitive Damages Act of 1995 imposing stringent criteria, Peter examines recent rulings like Rivera v. Valley Hospital, underscoring the uphill battle for such awards in medical malpractice. Read more now: https://lnkd.in/gTHyFNYD #MedicalMalpractice #PunitiveDamages #LegalInsights

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Two recent cases from the Delaware Supreme Court and Second Circuit Court of Appeals reach opposite conclusions when assessing whether pre-suit demand letters constitute claims under claims-made and claims-made-and-reported policies. Read our latest case alert by Michael A. Amato and Jeffrey J. Vita, as these cases serve as an important reminder for policyholders to be vigilant in notifying their insurers of any pre-suit claim, as the failure to do so may preclude coverage. #SDVLaw #CaseAlert #Claims #ClaimsMade #Policies #PreSuit #Insurance #Policyholders

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Join Bethany Barrese as she presents at the New Jersey Institute for Continuing Legal Education (NJICLE) Construction Law Symposium on June 26, 2024. Her session, “Practice Tips: Advising Your Construction Law Clients on Current Insurance Law Issues” will dive into insurance-related issues facing the construction industry and uncover the nuances of coverage exclusions. Click below to register. https://lnkd.in/e9Ax9c-A #SDVLaw #NJICLE #Construction #Insurance #LawIssues #Coverage #Policyholders

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In our latest #FMG blog, Megan Gallagher covers a New Jersey appellate court decision on NJ residents' ability to sue municipalities for issuing contaminated public water. The ruling examines the relationship between government services and implied contracts, raising important questions about liability under the New Jersey Torts Claims Act. Click the link below to learn more. https://lnkd.in/epi5-qnz #FMGLaw #TortandCatastrophicLoss #NewJerseyLaw #NJ #TCA

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If you’ve been involved in a slip and fall accident in Pennsylvania, it’s important to protect your legal rights regarding injury liability. Follow these steps from some of Pennsylvania’s most trusted injury lawyers to ensure you are cared for in case of a slip and fall accident. https://lnkd.in/eWv6dpEQ #personalinjurylawyer #slipandfall #lawsuit

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How are insurers trying to use the “expected or intended” defense to avoid coverage for liability claims? In a byline article for the New York Law Journal, partners Josh Blosveren and Bradley Nash discuss how New York courts have responded to insurers’ attempts to weaken the exclusion standard.    Read the full article below. #Insurance #NewYork #InsuranceCoverage  

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Last week's article in Advisen speaks about a recent decision by the NJ Supreme Court making property owners responsible for maintaining public sidewalks abutting their properties. The liability implications of this are clear – make sure your policy provides coverage! This is, especially, important when the liability coverage has a Limitation of Coverage to Designated Premises endorsement (ISO endorsement is CG 21 44). To read the full article, click on the link below and speak to your insurance broker to be sure the coverage you have applies. https://lnkd.in/gGvEiW6u

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Our latest #FMG blog explores a recent ruling by the Pennsylvania Superior Court in Poteat v. Asteak, addressing the statute of limitations for legal malpractice claims in Pennsylvania. Click below to read the full blog. https://bit.ly/43WWwnD #FMGLaw #LegalMalpractice #ProfessionalLiability #PennsylvaniaLaw

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