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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 17


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HTMLNJ Bodily Injury Actions Barred Unless Vehicles Principally Garaged in New Jersey Have Requisite PIP Benefits
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 2, 2017, previously published on February 7, 2017
N.J.S.A. 39:6B-1 mandates that all cars either registered or principally garaged in New Jersey must “maintain minimum amounts of standard, basic or special liability insurance coverage for bodily injury, death and property damage caused by the vehicles.” The Appellate Court in Guerrero...

 

HTMLPlaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery
Christopher J. Carlson; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 2, 2017, previously published on January 30, 2017
The New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 to 59:13-10, requires that a Plaintiff seeking to recover damages from a public entity must prove as a threshold requirement that he or she sustained a “permanent loss of body function.”

 

HTMLThird Circuit Clarifies Standard for Establishing Age Discrimination Claims
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 2, 2017, previously published on January 30, 2017
The Age Discrimination in Employment Act (“ADEA”) is a federal law that prohibits employment discrimination against employees over the age of 40. One of the lingering questions under the law has been what happens when an employer adopts an employment policy that, while seemingly...

 

HTMLPlaintiff Asserting a Bystander Liability Claim against Public Entity Required to Comply with Notice Requirements of Tort Claims Act
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
November 17, 2016, previously published on October 21, 2016
Plaintiff Linda Alberts claimed that she suffered personal injuries when she fell from a bicycle while operating her bicycle on a bike path owned by defendant County of Atlantic. She alleged that the bike path was in a dangerous condition and sought compensation for her injuries. Her husband Randy...

 

HTMLNew Jersey School Districts Have Duty of Reasonable Supervision of Students at Dismissal
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
October 11, 2016, previously published on September 29, 2016
Since the New Jersey Supreme Court decided Jerkins v. Anderson, 191 N.J. 285 (2007), it has been clear that school districts remain responsible to supervise their students during dismissal. In Jerkins, the Court set forth three elements that define the scope of this duty. This duty was more...

 

HTMLRes IPSA Loquitur: The Thing Speaks For Itself... Unless the Thing We’re Speaking of Involves a Public Entity
Jessica M. Anderson; Capehart & Scatchard, P.A.;
Legal Alert/Article
September 12, 2016, previously published on August 29, 2016
Res ipsa loquitur is not available in an action against a public entity grounded upon a dangerous condition of public property. Rocco v. New Jersey Transit Rail Operations, Inc., 330 N.J. Super. 320, 339-40 (App. Div. 2000). The Tort Claims Act requires proofs beyond those necessary for a res...

 

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....

 

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...

 

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...

 


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