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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 63


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HTMLThird Circuit Weighs in on “Donning and Doffing” Issue
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 11, 2014, previously published on June 30, 2014
In Rosano v. Township of Teaneck, the United States Court of Appeals for the Third Circuit recently ruled on the question of whether police officers from the Township of Teaneck, N.J. were entitled to receive compensation in the form of overtime payments for time spent attending daily roll calls...

 

HTMLContinuing Tort Claim Not Barred By Failure of Plaintiffs to File Within Two-Year Statute of Limitations
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 11, 2014, previously published on June 30, 2014
Herbert and Karen Wreden served a tort claims act notice against the Township of Lafayette on January 28, 2008, due to the Township’s construction of a retaining wall and water drainage adjacent to the Wredens’ property. As a result of this construction, water was directed onto their...

 

HTMLNew Jersey Franchisee Prevails on Summary Judgment
Vincent T. Cieslik; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 20, 2014, previously published on June 5, 2014
One of the most potent weapons in the arsenal of a defendant, particularly one with the financial ability to litigate on a limitless budget, is the motion for summary judgment. A motion for summary judgment says to the Court that a party is clearly entitled to win the entire case, and that the case...

 

HTMLPA Appellate Court Affirms Multi-Million Dollar Award to Victim of Dump Truck Accident
Christopher J. Hoare; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 20, 2014, previously published on June 6, 2014
On May 7, 2010, defendant Theodus Williams was driving a dump truck in the course of employment of co-defendant Valvano Construction. He lost control of the vehicle and careened down a hill at more than 45 miles per hour. Williams struck the car of Steven and Doreen Mazur from the rear, propelling...

 

HTMLFailing to Train Officers in Conflict De-Escalation May Constitute Sect. 1983 Violation
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 20, 2014, previously published on May 28, 2014
The plaintiff Lawrence Thomas sustained an attack at the hands of other inmates at the Cumberland County Correctional Facility. The attack occurred after a several minute long verbal argument between Thomas and a group of inmates in the presence of correction officers. In Thomas v. Cumberland...

 

HTML$7 Million Dollars Awarded to Sons of Woman Killed in Car Accident
Christopher J. Hoare; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 20, 2014, previously published on June 6, 2014
A jury in Fulton County, Georgia has awarded $7 million to the sons of 46-year-old Theressa Virgil, who was killed in an automobile accident. Franklin Hooker, Rodney Virgil, and Brandon Virgil stand to collect $6.9 million, as part of the liability for the accident was apportioned to the driver of...

 

HTMLCourt Upholds Dismissal of Corrections Officer Who Could Not Possess Firearm
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 20, 2014, previously published on May 28, 2014
In the recent case of In re: Frazier, 435 N.J. Super. 1 (App. Div. 2014), the New Jersey Superior Court- Appellate Division had to decide whether a public employee who was disqualified from possessing a gun could lose his public employment where a condition of that employment included carrying a...

 

HTMLVictims of Train Derailment and Chemical Spill Permitted to Proceed with Class-Action Certification
Christopher J. Hoare; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 20, 2014, previously published on June 6, 2014
On November 30, 2012, a southbound Conrail freight train, consisting of two locomotives and 82 cars, derailed as it crossed the East Jefferson Street Bridge. Six of the cars derailed, plunging four into the frigid waters of the Mantua Creek. One of the tankers ruptured, spilling approximately...

 

HTMLIncreased Liability Exposure to Commercial Tenants Despite Contractual Protections from Landlord
Kali A. Hira; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 14, 2014, previously published on May 12, 2014
Pursuant to well established New Jersey law regarding premises liability, duties owed to invitees of commercial tenants and land owners are often contractually determined through detailed lease agreements. The commercial lease agreement often assigns control over specific areas of the property to...

 

HTMLIssues to Consider for Prospective Franchise Owners
Vincent T. Cieslik; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 14, 2014, previously published on May 2, 2014
Our firm and attorneys have represented franchisees in litigation with their franchisors for years. The franchise style of business, from the franchisor’s point of view, is all about standardization in contracts, services, and products. The franchisor wants and needs uniformity across the...

 


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