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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 36


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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...

 

HTMLEvidence of Past Discrimination Claims Relevant even if Based on Different Protected Classification
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on March 31, 2016
One issue that frequently comes up in employment discrimination litigation is whether an employer must identify as part of the discovery process past discrimination claims that may have been previously brought or asserted against it. Often, employers try to avoid disclosure of such information on...

 

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...

 

HTMLRecent Win: Fitzgerald v. Walmart
Lora V. Northen, Andrea L. Schlafer; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 20, 2016
Just because an incident occurs at work does not mean that it is compensable. In fact, there are many health issues that manifest during work that are not necessarily caused by work. In Fitzgerald v. Walmart, the Appellate Division recently affirmed the decision of the trail court finding the...

 

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...

 

HTMLThe Gig Economy and Employment Classification
John W. Pszwaro; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 20, 2016
Using a taxi to get from point A to point B is changing. All you need is a smart phone and a destination. Click on an app and within minutes a driver will arrive at your location and take you wherever you want to go. Uber and other “ride-sharing” companies such as Lyft have completely...

 

HTMLRecent Win: Lesley Joseph v. Monmouth County
Carla P. Aldarelli; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 20, 2016
Recently, in Joseph v. Monmouth County, A-4144-13T3 (App. Div. December 14, 2015), the Supreme Court of New Jersey denied certification of the Appellate Division’s affirmation of the trial court’s dismissal of this case.

 

HTMLAssumption of the Risk is Alive and Well in Pennsylvania Snow Cases
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 15, 2016, previously published on February 26, 2016
With the winter months now upon us, it is not surprising that snow cases are “mounting,” and defense attorneys are again put to the task of refuting plaintiffs’ allegations that business owners; snow removal companies; and any other entity a plaintiff can find, failed to properly...

 

HTMLDefendants City and Police Officers Awarded Fifty Thousand Dollars as Sanction against Plaintiff for Filing Frivolous Lawsuit
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 15, 2016, previously published on February 29, 2016
Although our court rules and statutory law permit the award of attorney’s fees against a plaintiff and plaintiff’s counsel for the filing of a frivolous lawsuit, it is not often that the court will actually award fees. However, in Sherifi v. City of Atlantic City, 2015 N.J. Super....

 


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