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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 68


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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...

 

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...

 

HTMLPolice Office Not Immune From Tort Liability For Accident Occurring While Transporting Prisoner
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 6, 2015, previously published on April 27, 2015
The plaintiff Danny Caicedo was severely injured when the bicycle he was riding was struck by a police cruiser operated by defendant Officer Fabian Caicedo while on duty with the defendant Newark police department. The officer had arrested an individual for a disorderly persons offense and was...

 

HTMLAre New Jersey School Boards Required To Indemnify An Alleged Criminal For Attorney's Fees
Laurel B. Peltzman; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 6, 2015, previously published on April 27, 2015
In a recent case, the New Jersey Supreme Court was tasked with determining whether or not a school board employee is entitled to indemnification for attorney¿s fees and costs under N.J.S.A. 18A:16-6 when the fees and costs are incurred in a civil suit arising from the same allegations contained in...

 

HTMLN.J. Supreme Court Settles Dispute Regarding Application Of Statute Of Limitations For Claims For Contribution Under The Spill Act
John K. Fiorilla; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 6, 2015, previously published on February 9, 2015
On January 26 of this year, the New Jersey Supreme Court resolved a critical dispute as to whether or not the general six year statute of limitations applies in actions by private parties for contribution under the State’s Spill Act.

 

HTMLTownship Found Not Liable For Fall on Residential Driveway Apron Due to Snow Removal Immunity
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
April 27, 2015, previously published on February 25, 2015
Plaintiff Rosa Nappi slipped and fell outside the defendant Gregory Kohl’s residence on his driveway apron. She sued Kohl and the Town of Secaucus, where the Kohl property was located, for her personal injuries. In Nappi v. Town of Secaucus, 2015 N.J. Super. Unpub. LEXIS 64 (App. Div. January...

 

HTMLNew Jersey Supreme Court Adopts Employer Defense To Harassment Claims
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
April 27, 2015, previously published on February 25, 2015
In one of the most highly anticipated decisions of the court’s term, the New Jersey Supreme Court recently gave employers what for years has been hoped to be an affirmative defense to harassment claims based upon the preventive measures adopted by employers to eradicate harassment in the...

 

HTMLNotice of Incident Does Not Satisfy Tort Claims Act Notice of Claim Requirement
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
April 13, 2015, previously published on March 30, 2015
Under N.J.S.A. 59:8-8, a claimant intending to sue a public entity must give notice of that claim to such entity within 90 days of the occurrence of the incident or be barred from filing suit. In Friedler v. NJ Transit, 2015 N.J. Super. Unpub LEXIS 259 (App. Div. Feb. 12, 2015), the plaintiff...

 

HTMLWrongful Discharge Public Policy Claim Does Not Extend to Discharge Due to Close Association with a Convicted Co-Worker
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
April 13, 2015, previously published on March 30, 2015
In a recent decision, the New Jersey Appellate Division was asked to decide whether a wrongful discharge public policy claim could be brought against a public entity employer who discharged an employee as part of a layoff and the employee claimed that the discharge occurred because of his close...

 


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