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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 62


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HTMLCourt Rejects Plaintiff’s Expert’s Assertions as “Inadmissible Net Opinion” 
Voris M. Tejada; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 27, 2015, previously published on November 26, 2014
In Davis v. Brickman Landscaping, Sup. Ct. (Fernandez-Vina, J.) (27 pp.), two children lost their lives following a fire at a hotel. The parents of the victims brought suit alleging that defendant fire sprinkler inspectors had negligently failed to inform the hotel owner about a flaw in the design...

 

HTMLDon’t Forget to Negotiate the Nonmonetary Terms of Your Settlement Before You Reach a Final Settlement
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 20, 2015, previously published on February 6, 2015
Often parties are so focused on the monetary terms of a settlement, that they forget that there could be material nonmonetary terms that are important as well. Once a monetary offer is made and accepted, unless it has been made clear that there are other terms that are required to reach a final...

 

HTMLMinor Defendant Found to Have Breached No Duty to Minor Plaintiff in Sports Related Injury
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 20, 2015, previously published on February 13, 2015
Children sometimes are injured when playing sports with other kids. The issue decided by the Appellate Division in the published case of C.J.R. v. G.A, 2014 N.J. Super. LEXIS 165 (App. Div. December 8, 2014), is what standard should be applied in determining whether the minor breached any duty owed...

 

HTMLNo Right of Appeal from Trial Court’s Order Arising under APDRA as to PIP Claim
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on January 5, 2015
A dispute arose between a chiropractic provider, Complete Care, and an automobile insurer, GEICO, over personal injury protection (“PIP”) benefits. The insured, Walter Jones, was injured in an auto accident in 2007 and treated by Complete Care. When GEICO stopped paying his bills, Jones...

 

HTMLComp Insurers Remain Concerned over the Expiration of the Terrorism Risk Insurance Act (TRIA)
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on January 7, 2015
We live in a world where terrorism unfortunately poses genuine insurance risks. The Terrorism Risk Insurance Act (TRIA) was passed by President George W. Bush on November 26, 2002 to establish a backstop for insurance claims arising from acts of terrorism. This coverage includes workers’...

 

HTMLDoctrine of Res Ipsa Loquitor Saves Plaintiff’s Case from Dismissal
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on January 30, 2015
Plaintiff, Wendy Lazarus, was injured as she tried to enter the elevator at the PATH station. In Lazarus v. Port Authority of New York and New Jersey, 2014 N.J. Super. Unpub. LEXIS 2970 (App. Div. Dec. 29, 2014), the plaintiff sued the Port Authority for her injuries. Initially, her case was...

 

HTMLAppellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on December 18, 2014
Under the New Jersey Workers’ Compensation Act, the independent contractor defense is seldom successful, but one area where the defense is still viable is in the horse racing industry as seen in the recent decision of Perry v. Robert Horowitz Stable, A-3845-12T2 (App. Div. December 9, 2014).

 

HTMLForeign Corporation Which Loses Its Certificate of Authority To Transact Business in NJ May Not File Suit to Enforce Claims
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on November 26, 2014
In Seven Caesars, Inc. v. Dooley House, 2014 N.J. Super. Unpub. LEXIS 2222 (Sept. 11, 2014 App. Div.), Seven Caesars was a subcontractor to Dooley House which entered into a contract with the City of Camden to rehabilitated the Hogan House. After the contract was underway, the City maintained that...

 

HTMLCharitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on December 12, 2014
The law is well settled that a beneficiary of charitable works who is injured while attending an immunized event is barred from recovering for a bodily injury negligence claim against the charitable organization. However, what about when the “beneficiary” is dropped off at a church by...

 

HTMLLimitations Period in Fire Policy Upheld
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on November 14, 2014
In Rihanna Corp. v. Certain Underwriters at Lloyd’s of London, 2014 N.J. Super. Unpub. LEXIS 2216 (App. Div. Sept. 11, 2014), the plaintiff insureds sought payment under a certain business owner’s insurance policy for a fire loss suffered by Rihana Restaurant. The defendant insurance...

 


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