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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...

 

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...

 

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...

 

HTMLBeware of Upcoming New Jersey Minimum Wage Increase
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on December 31, 2014
As previously reported in this newsletter, a New Jersey Constitutional Amendment that was approved in 2013 requires that the state’s minimum wage rate be adjusted annually, effective January 1st of each year, by any annual increase in the Consumer Price Index (“CPI”) calculated by...

 

HTMLAppellate Division Affirms Large Award to Airline Employee
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on January 12, 2015
It is very difficult to appeal a Judge of Compensation on the level of permanency awarded following trial. That lesson can be seen in Huesser v. United Airlines, A-5959-12T3, (App. Div. July 14, 2014).

 

HTMLAppellate Division Reverses Dismissal of Case for Failure to Show Good Cause
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on January 29, 2015
Robin Williams was injured working for Ready Pack on May 18, 2006 and May 22, 2006. A settlement was approved for 10% of partial total for the left shoulder on August 11, 2008. Thereafter, Williams moved to Philadelphia and left the employment of Ready Pack.

 

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...

 

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’...

 

HTMLCourt Finds Homeowners May Be Covered for Collapsed Basement Wall Allegedly Caused by Hidden Decay
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on December 5, 2014
Plaintiffs Alexander and Moinica Bardis suffered a loss on December 26, 2009 when the right basement wall of their 20 year old single family home collapsed. They filed a property loss claim against their homeowner’s policy with Cumberland Insurance Group (“Cumberland”). After...

 

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).

 


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