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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 67


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HTMLA Stronger Defense Against Motions for Medical Treatment: Why a Doctor’s Report may no Longer be Sufficient to Support a Petitioner’s Request for Treatment
Daniel A. Abelson; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 30, 2015
The Appellate Division recently released its decision in the case of Amedeo v. UPS, No. A-1013-13T2 N.J. Super. Unpub. LEXIS 753 (App. Div. April 8, 2015). In Amedeo, the court reshaped the evidentiary standard for a petitioner to prevail on a Motion for Medical Treatment and/or Temporary...

 

HTMLMerry-Go-Round Found Not to Be a Dangerous Condition under Tort Claims Act
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 29, 2015
The plaintiff Brianna Ackerman, a minor, was injured during recess, while using her middle school’s playground merry-go-round. In Ackerman v. Franklin Twp. Board of Education, 2014 N.J. Super. Unpub. LEXIS 2978 (App. Div. Dec. 30, 2014), the plaintiff argued that the merry-go-round was a...

 

HTMLFederal Court Rules that NJ’s Wage and Hour Law Allows for Filing of Private Overtime Claims
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 29, 2015
In a case of first impression, a Federal District Judge has ruled that New Jersey’s Wage and Hour Law allows for a private right of action to be brought by employees for a claim of non-payment of overtime.

 

HTMLPlaintiff’s Failure to File Timely Notice of Tort Claim Due to Attorney’s Illness May Constitute Extraordinary Circumstances and Justify Late Notice of Claim
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 15, 2015, previously published on May 27, 2015
In the published opinion of Beyer v. Sea Bright Borough, 2015 N.J. Super. LEXIS 84 (App. Div. May 19, 2015)), the Plaintiff Brian Beyer claimed that the Sea Bright Police Department physically abused him when he was arrested in August 2013. Upon his release from jail, he consulted with Clifford...

 

HTMLBe Prepared... Amtrak Train 188 Derailment
Vincent T. Cieslik; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 15, 2015, previously published on May 28, 2015
Shortly after 9:30 pm on May 12, 2015, Amtrak Regional Train #188 left the tracks on a curve in the Port Richmond section of Philadelphia, north of 30th Street Station. Amtrak and emergency response personnel rushed to the late-night accident scene and the nightly news reported the disaster in real...

 

HTMLU.S. Department Of Labor Adopts New FMLA Regulation On Same Sex Spouses
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 15, 2015, previously published on May 27, 2015
Recently, the United States Department of Labor (“DOL”) updated its regulatory definition of “spouse” to take into account how to determine when same gender spouses may be eligible for leave under the Federal Family and Medical Leave Act (“FMLA”). The new...

 

HTMLCoverage Disputes Between Pip Carriers Subject To Arbitration
Capehart Scatchard P.A.;
Legal Alert/Article
May 25, 2015, previously published on May 19, 2015
In New Jersey, it is statutorily mandated that disputes between insurance companies over contribution for personal injury protection (“PIP”) benefits be arbitrated. What happens, however, where coverage between those carriers is disputed and must be resolved? Who decides, the courts or...

 

HTMLHomeowner Defendant Entitled to Summary Judgment When Dog Bite Plaintiff is Determined to Be a Trespasser
Capehart Scatchard P.A.;
Legal Alert/Article
May 18, 2015, previously published on May 12, 2015
The recent matter of Ahrens v. Rogowski,2015 N.J. Super Unpub. LEXIS 308 (App. Div., February 20, 2015) provides an interesting analysis of the impact of classification of the legal status of a Plaintiff in a dog bite case.

 

HTMLMode of Operation Rule Applies Regardless of Whether the Source of the Hazard Is Identified
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 18, 2015, previously published on May 12, 2015
Grocery stores, restaurants and similar businesses are exposed to greater liability every day. Their patrons, who eventually turn into plaintiffs, are absolved of greater accountability with each passing year. This makes it even more important these days for businesses to be aware of their...

 

HTMLCourt Holds Unclear Yet Signed Liability Waiver Insufficient to Bind Injured Gym Patron
Charles F. Holmgren; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 18, 2015, previously published on May 12, 2015
While liability waivers are essential for businesses to protect themselves against lawsuits stemming from patrons injured in an activity it provides, such as ski resorts, sports leagues and gyms, waivers not sufficiently formatted in a way that, despite bearing the patron’s signature, clearly...

 


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