Home > Capehart & Scatchard, P.A. > Legal Library

Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 77


View Page: 1  2  3  4  5  6  7  8  Next  
Show: results per page
Sort by:

HTMLThird Circuit Court of Appeals Adopts “Predominant Benefit” Test Under FLSA for Determining Meal Time Compensability
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 12, 2016, previously published on January 26, 2016
When must an employer under the Fair Labor Standards Act (“FLSA”) compensate an employee for meal breaks taken during the course of an employee’s work day? Throughout the country, various Federal Circuit Courts of Appeals have answered this question in different ways, but in the...

 

HTMLThe Snowball Effect of the Common Law Snow and Ice Removal Immunity May Be About to Lose Momentum
Jessica M. Anderson; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 12, 2016, previously published on January 26, 2016
Our Legislature passed the New Jersey Tort Claims Act over forty years ago to replace and reestablish the common law rule immunizing public entities from liability for personal injury. Although the common law doctrine of sovereign immunity was eroded to some extent by the Tort Claims Act, common...

 

HTMLBeware of Upcoming New Jersey Minimum Wage Increase
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
January 18, 2016, previously published on December 31, 2015
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...

 

HTMLJersey City Found Not Liable for Accident Resulting from Plaintiff’s Motorcycle Striking its Fire Hydrant
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
January 8, 2016, previously published on December 29, 2015
Public entities can be liable if they create or allow a dangerous condition to exist on their property. In Bunero v. City of Jersey City, 2015 N.J. Super. Unpub. LEXIS 2784 (App. Div. Dec. 3, 2015), plaintiff George Bunero was injured when his motorcycle was struck in the rear by the defendant...

 

HTMLProof a Petitioner would be Working But for a Compensable Accident is Prerequisite to the Receipt of Temporary Disability Benefits
Katherine Hellander Geist; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 30, 2015, previously published on December 15, 2015
It is well-established that N.J.S.A. 34:15-12 entitles a petitioner to temporary disability benefits provided petitioner is unable to work for more than seven days due to a work-related accident. This principle is not absolute, however, as courts have placed several limitations on such an...

 

HTMLHole in Hill Used to Access Public Soccer Field Held Not to be a Dangerous Condition
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 30, 2015, previously published on November 30, 2015
The plaintiff, Andrea DiMatteo, was injured while walking downhill in a park towards the soccer field where her daughter was playing soccer. The park consisted of several terraced soccer fields and the plaintiff’s daughter was playing on a field at the bottom of a short, grassy hill. The...

 

HTMLAppellate Division of New Jersey Declines to Exercise Jurisdiction over Pip Reimbursement Action
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 30, 2015, previously published on December 11, 2015
The issue in Yoo v. Travelers of New Jersey, A-5810-13T2 (App. Div. November 17, 2015), is one we have seen before, namely whether the Appellate Court will entertain jurisdiction over reimbursement actions regarding personal injury protection (“PIP”) benefits. Yoo reaffirms the long...

 

HTMLBeware Religious Discrimination Claims
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 30, 2015, previously published on November 30, 2015
An often overlooked aspect of anti-discrimination laws is the restrictions placed on any kind of employment related discrimination due to an employee’s religious membership or beliefs. Both Title VII and New Jersey’s Law Against Discrimination (“LAD”) contain broad bans on...

 

HTMLFederal Appeals Court Rules No Individual Liability under the Age Discrimination in Employment Act
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
One of the most frequent questions asked of labor and employment lawyers by clients is whether there is any chance that a suing employee could attempt to hold an employer’s manager, supervisor, or other official personally liable under any federal anti-discrimination laws. In most cases, the...

 

HTMLPlaintiff Unable to Maintain Suit Against Public Entities for Personal Injuries Incurred from Ice Due to Leaking Rain Gutter
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
November 6, 2015, previously published on October 29, 2015
Plaintiff Stephen Marquard sued New Jersey Transit and the Village of Ridgewood, alleging that he slipped and fell on ice that had formed on the pavement directly beneath a leaking rain gutter on the Ridgewood train station building. He claims the he sustained permanent injuries due to the fall. In...

 


View Page: 1  2  3  4  5  6  7  8  Next