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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 18


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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...

 

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...

 

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....

 

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...

 

HTMLMunicipality Found Not Liable for Fall on Boardwalk Based Upon Snow Removal Immunity
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on March 31, 2016
Plaintiff Kimberly Walter was attending a fireworks display on New Year’s Eve when she slipped and fell on the Ocean City boardwalk. Although it had not snowed that day, it had snowed between 5 to 10 inches a few days earlier. City employees cleared a pathway on the boardwalk for the...

 

HTMLRegulatory, Reputational and Techno-Legal Considerations Facing Employers and Government in the Smartphone ERA
Vincent T. Cieslik, Samantha J. Vander Wielen (Née Foss); Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 27, 2016
Over the past few months, a struggle for control over smart phone technology has emerged in federal courts in both New York and California. In the midst of investigations into the San Bernardino mass shooting and in a drug case in New York, a new legal battle has erupted over the lengths the...

 

HTMLTownship Found Not Liable for Fatality Caused by Falling Tree Limb from Tree on Township’s Right-of-Way
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 28, 2016
Tragically, James Connor was killed when he was clearing snow from his driveway and a 25 foot tree limb from a Bradford Pear tree fell on him, killing him instantly. The tree was located in the right-of-way owned and controlled by the Township of East Brunswick. In Connor v. Township of East...

 

HTMLThe Legal Importance of the Interactive Process
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 28, 2016
One of the most important duties that is imposed by anti-disability discrimination laws is the obligation to accommodate the disabled employee in performing the essential job duties of a desired employment position. As part of that obligation, both federal and New Jersey state law impose a duty...

 


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