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Capehart & Scatchard, P.A. Document Search Results (75)

 

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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...

 

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...

 

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...

 

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...

 

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 May Sue Detectives Under New Jersey Civil Rights Act For Securing Premises Without Warrant
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
October 22, 2015, previously published on September 30, 2015
Two members of the State Police entered plaintiff Denise Brown’s apartment searching for evidence of a home invasion they believed had been committed by her boyfriend. They were looking for a stolen piece of jewelry (a locket) they suspected he gave to her. However, they did not have a...

 

HTMLNew Jersey Supreme Court Rules That Employee Can Be Charged With Criminal Offense Of Stealing Documents Even If Purpose Is For Use In Discrimination Lawsuit
Ralph R. Smith; Capehart & Scatchard, P.A.;
Legal Alert/Article
October 22, 2015, previously published on September 30, 2015
In 2010, the New Jersey Supreme Court in the case of Quinlan v. Curtiss-Wright held that, under certain circumstances, an employer could not fire an employee for stealing confidential documents from the company if the reason for the theft was to use those documents to support an employee’s...

 


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