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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 30


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HTMLOPRA Does Not Require Public Entities to Create Records Not Already in Existence
Sanmathi (Sanu) Dev; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 16, 2016, previously published on June 29, 2016
In a published decision dated April 18, 2016, the New Jersey Appellate Division in Paff v. Galloway Township, 444 N.J. Super. 495 (App. Div. 2016) upheld a public entity’s denial of an Open Public Records Act (“OPRA”) request for email logs, finding that OPRA creates no obligation...

 

HTMLTownship Found Not Liable to Pedestrian for Injury Resulting from Tripping Over Depression in Middle of Roadway While Jaywalking
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 16, 2016, previously published on June 29, 2016
The Plaintiff Patricia Shilinsky “Shilinsky” went to visit her son at his home on Abbott Avenue in Ridgefield. She parked her car across the street from his home. As she jaywalked across the street, she tripped and fell on a depression in the middle of the roadway. In Shilinsky v....

 

HTMLFiling an Internal Affairs Complaint with Police Department Not “Substantially Comply” with Tort Claims Act Notice Requirement
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 15, 2016, previously published on July 27, 2016
Plaintiff Malik Macklin alleged that three Camden County Police Officers used excessive force when they assaulted and arrested him without probable cause as he was walking down the street and, as a result, he suffered injuries. Less than one month later, he reported the incident to the Camden...

 

HTMLRecent Win: Fitzgerald v. Walmart
Lora V. Northen, Andrea L. Schlafer; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 20, 2016
Just because an incident occurs at work does not mean that it is compensable. In fact, there are many health issues that manifest during work that are not necessarily caused by work. In Fitzgerald v. Walmart, the Appellate Division recently affirmed the decision of the trail court finding the...

 

HTMLRegulatory, Reputational and Techno-Legal Considerations Facing Employers and Government in the Smartphone ERA
Vincent T. Cieslik, Samantha J. Vander Wielen (Née Foss); Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 27, 2016
Over the past few months, a struggle for control over smart phone technology has emerged in federal courts in both New York and California. In the midst of investigations into the San Bernardino mass shooting and in a drug case in New York, a new legal battle has erupted over the lengths the...

 

HTMLEvidence of Past Discrimination Claims Relevant even if Based on Different Protected Classification
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on March 31, 2016
One issue that frequently comes up in employment discrimination litigation is whether an employer must identify as part of the discovery process past discrimination claims that may have been previously brought or asserted against it. Often, employers try to avoid disclosure of such information on...

 

HTMLThe Legal Importance of the Interactive Process
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 28, 2016
One of the most important duties that is imposed by anti-disability discrimination laws is the obligation to accommodate the disabled employee in performing the essential job duties of a desired employment position. As part of that obligation, both federal and New Jersey state law impose a duty...

 

HTMLThe Gig Economy and Employment Classification
John W. Pszwaro; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 20, 2016
Using a taxi to get from point A to point B is changing. All you need is a smart phone and a destination. Click on an app and within minutes a driver will arrive at your location and take you wherever you want to go. Uber and other “ride-sharing” companies such as Lyft have completely...

 

HTMLRecent Win: Lesley Joseph v. Monmouth County
Carla P. Aldarelli; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 20, 2016
Recently, in Joseph v. Monmouth County, A-4144-13T3 (App. Div. December 14, 2015), the Supreme Court of New Jersey denied certification of the Appellate Division’s affirmation of the trial court’s dismissal of this case.

 

HTMLTownship Found Not Liable for Fatality Caused by Falling Tree Limb from Tree on Township’s Right-of-Way
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 28, 2016
Tragically, James Connor was killed when he was clearing snow from his driveway and a 25 foot tree limb from a Bradford Pear tree fell on him, killing him instantly. The tree was located in the right-of-way owned and controlled by the Township of East Brunswick. In Connor v. Township of East...

 


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