To Text, or Not To Text, That Is the Question!, New Jersey Law Journal

By Robert A. Berns and Charles William White
(October 24, 2013)

The recent decision in Kubert v. Best and Colonna, 2013 WL 4512313 (Aug. 27, 2013), may provide a 21st century spin to Hamlet’s moral dilemma. Assuming Kubert stands, then it might be best to let one’s “Conscience … make Cowards of us all.” The alternative could be a liability lawsuit in which you may be responsible for an auto accident plaintiff’s injuries, despite the fact that you were hundreds of miles away from the scene. Before you send that next text message or email, you may want to give serious consideration to the potential ramifications, particularly the unintended liability that may…

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