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HTMLRecent Trial Win for Workers’ Compensation Associate
Capehart Scatchard P.A.;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
On January 22, 2013, the petitioner, a nurse, filed Claim Petition No. 2013-1691, alleging that on March 29, 2012, she slipped and fell in the course of her employment, causing injuries to her lumbar spine and right knee. She conceded that she fell in the parking lot after finishing her shift and...

 

HTMLJudge Drops Claims Against Parents Of Alleged Student Bullies
Lauren E. Tedesco; Capehart & Scatchard, P.A.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
In a long awaited decision, Somerset County Superior Court Judge Yolanda Ciccone ruled that two Hunterdon County school districts failed to prove negligence against the parents of alleged bullies.

 

HTMLDiscovery Rule Not Apply To Permit Late Filing Of Tort Claims Act Notice Two Years Later Against Newark Police Department
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
In Ramey v. DeMaio, 2015 N.J. Super. Unpub. LEXIS 2039 (App. Div. Aug. 25, 2015), the plaintiff filed a complaint against Samuel DeMaio, the acting police director of Newark, for allegedly providing false information regarding her daughter’s homicide, which was published in the Star Ledger....

 

HTMLRescue Squad Determined Not to Be a Public Agency Subject to OPRA
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
Plaintiff Fran Brooks sued the Tabernacle Rescue Squad alleging a violation of the Open Public Records Act (OPRA) and the common law right to access. Her complaint was dismissed by the trial judge, who ruled that the Squad did not qualify as a public agency for purposes of OPRA, and, in Brooks v....

 

HTMLCarjacking Victim Entitled to UM Benefits in New Jersey
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
Generally speaking, to be entitled to UM benefits in New Jersey, an insured must show that a vehicle is uninsured; that the claimed injuries were the result of an accident; and that the injury arose out of the ownership, maintenance or use of the insured vehicle.

 

HTMLNew Jersey Supreme Court Rules Watchdog Employees Entitled to CEPA Protections
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
In a highly anticipated decision, the New Jersey Supreme Court recently upheld the right of employees who complain about illegal workplace activities to sue for wrongful retaliation even when the raising of such issues is a part of their designated job duties. Rejecting a plethora of past rulings...

 

HTMLFederal Court Rules that NJ’s Wage and Hour Law Allows for Filing of Private Overtime Claims
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 29, 2015
In a case of first impression, a Federal District Judge has ruled that New Jersey’s Wage and Hour Law allows for a private right of action to be brought by employees for a claim of non-payment of overtime.

 

HTMLMerry-Go-Round Found Not to Be a Dangerous Condition under Tort Claims Act
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 29, 2015
The plaintiff Brianna Ackerman, a minor, was injured during recess, while using her middle school’s playground merry-go-round. In Ackerman v. Franklin Twp. Board of Education, 2014 N.J. Super. Unpub. LEXIS 2978 (App. Div. Dec. 30, 2014), the plaintiff argued that the merry-go-round was a...

 

HTMLA Stronger Defense Against Motions for Medical Treatment: Why a Doctor’s Report may no Longer be Sufficient to Support a Petitioner’s Request for Treatment
Daniel A. Abelson; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 3, 2015, previously published on June 30, 2015
The Appellate Division recently released its decision in the case of Amedeo v. UPS, No. A-1013-13T2 N.J. Super. Unpub. LEXIS 753 (App. Div. April 8, 2015). In Amedeo, the court reshaped the evidentiary standard for a petitioner to prevail on a Motion for Medical Treatment and/or Temporary...

 

HTMLU.S. Department Of Labor Adopts New FMLA Regulation On Same Sex Spouses
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
June 15, 2015, previously published on May 27, 2015
Recently, the United States Department of Labor (“DOL”) updated its regulatory definition of “spouse” to take into account how to determine when same gender spouses may be eligible for leave under the Federal Family and Medical Leave Act (“FMLA”). The new...

 


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