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Legal Articles: Capehart & Scatchard, P.A.

 







Document(s) published by this organization: 55


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HTMLNew Jersey Joins the “Ban the Box” Crowd
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
October 15, 2014, previously published on September 24, 2014
On August 11, 2014, New Jersey became the sixth state in the country to enact legislation that precludes employers from seeking information from a job applicant about that person’s criminal background history during the preliminary stages of the hiring process. These laws, known as “Ban...

 

HTMLCounty Immune from Negligence Claim for Fall in Parking Lot Based Upon Common Law Snow Removal Immunity
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
October 15, 2014, previously published on September 24, 2014
Plaintiff Miguelina Hernandez was injured when she slipped and fell on snow and ice while walking in the parking lot of the Raritan Bay Mental Health Center, which is owned and operated by Middlesex County. The trial court found that the defendants, as public entities, were shielded from liability...

 

HTMLSchool District Gets a Tenure Surprise for Teacher Returning After Maternity Leave
Robert A. Muccilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
September 10, 2014, previously published on August 27, 2014
Just when you think you have teacher tenure acquisition figured out, someone throws a curve ball - in this instance, the Superior Court of New Jersey in Kolodziej v. Board of Education of Southern Regional High School District. The Appellate Division, held that a teacher had acquired tenure despite...

 

HTMLNotice of Prior Icing Condition at Different Location Not Notice of Dangerous Condition to Township under Tort Claims Act
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
September 8, 2014, previously published on August 27, 2014
Plaintiff Andrew Buterbaugh was injured in a one car accident when his car skidded on a patch of ice and collided with trees on the other side of the road. In Buterbaugh v. Township of Readington, 2014 N.J. Super. Unpub. LEXIS 1779 (July 21, 2014 App. Div.), he sued the Township of Readington on...

 

HTMLTort Claims Act Plan or Design Immunity Upheld Based Upon Plan of Other Public Body
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 4, 2014, previously published on July 29, 2014
Public entities are statutorily immune from bodily injury claims if they can prove that the injury was caused by the plan or design of public property which was approved by the governing body of the public entity. The Tort Claims Act also provides for plan and design immunity to public entities for...

 

HTMLPublic Employee Has First Amendment Right to Refuse Flu Shot
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 4, 2014, previously published on July 29, 2014
The New Jersey Appellate Division recently handed down a significant decision regarding a public employee’s First Amendment right to freedom of expression.

 

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...

 

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...

 

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...

 


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