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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 67


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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...

 

HTMLNJ Supreme Court Rules that Expert’s Report Properly Barred as Net Opinion Because Contradicted by Facts in Record
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 20, 2015, previously published on March 13, 2015
In Townsend v. Pierre, decided March 12, 2015, the New Jersey Supreme Court addressed the net opinion rule in the context of an automobile accident negligence case. This case involved a tragic accident in which Alvin Townsend, a motorcyclist, was killed. He was travelling on Levitt Parkway and...

 

HTMLLandlord Found Not Liable for Tenant Injury Due to Fall on Wet Grass
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 20, 2015, previously published on March 19, 2015
Plaintiff Carolyn Arroyave sued her landlord, defendant Quaker Village Apartments due to a fall on a pathway on a grassy hill. In Arroyave v. Quaker Village Apartments, 2015 N.J. Super. Unpub. LEXIS 276 (App. Div 2015), the plaintiff contended that her landlord breached its duty of care owed to her...

 

HTMLWho Gets the House?
Thomas D. Begley, Douglas M. Nelson; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 20, 2015, previously published on March 19, 2015
Frequently, disputes arise between the executors and beneficiaries of an estate concerning the disposition of a deceased individual’s home. (The content of this blog applies to administrators of intestate estates and trustees of revocable living trusts as well. However, to make the reading...

 

HTMLLife Insurance Beneficiaries Must Be Designated, Not Assumed
Thomas D. Begley; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 20, 2015, previously published on March 13, 2015
In July 2012, Michael G. Fox got married, and looked forward to many happy years with his new wife, Evanisa. Unfortunately, Michael died tragically in a work-related car accident just four months later. Evanisa assumed that she was entitled to the death benefit from his life insurance policy.

 

HTMLCity That Cancelled Health Insurance After Firefighter Exhausted FMLA Did Not Violate COBRA
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 19, 2015, previously published on March 12, 2015
Very few cases have focused on the relationship between COBRA and FMLA. The case of Neal v. City of Danville, Virginia, 2014 U.S. Dist LEXIS 17126, W. D. Va. (December 11, 2014) provides employers with important insight on this issue.

 

HTMLPlanning for the Smooth Transition of a Decedent’s Home
Thomas D. Begley; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 19, 2015, previously published on March 4, 2015
In the early years of Saturday Night Live, there was a skit called “The Thing That Wouldn’t Leave.” It dealt with John Belushi playing a dinner guest that refused to leave his hosts’ home. A very funny sketch, but one that is often re-enacted without the humor in real life...

 

HTMLNew Jersey’s “Fairly Debatable” Standard in Bad Faith Insurance Claims Is Alive and Well
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 19, 2015, previously published on March 13, 2015
The “fairly debatable” standard protects insurers from claims of bad faith if decisions to disclaim coverage are “fairly debatable.” This long-standing shield to insurers recently came under attack in Badiali v. New Jersey Manufacturers Ins. Group, but was ultimately...

 

HTMLThree Essential Documents for Parents of Children with Special Needs
Thomas D. Begley; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 19, 2015, previously published on March 2, 2015
For many families, a proper estate plan consists of the preparation of a Will, Advance Directive (Living Will and Health Care Power of Attorney) and a General Durable Power of Attorney. Various trusts can be employed as well to achieve goals such as the avoidance of probate and minimization of...

 


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