Monthly Archives: February 2014

Truck Driver’s Evasive Maneuver Insufficient to Form Basis for Liability

By: Christopher J. Hoare, Esq. A trucking company and its tractor trailer driver who avoided contact with the rear of a stopped vehicle by pulling into the adjoining lane without contacting with other vehicles was dismissed by summary judgment in the recent appellate decision of Matino et al. v. Tipton Trucking, LLC, A&L Harper Trucking […]

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FELA Preempts State Law

FELA Worker Not Eligible for New York’s No Fault Insurance Benefits By: Christopher J. Hoare, Esq. In a recent New York State Court decision, Christin v. Metro North Commuter Railroad, et al., the court reaffirmed the FELA’s superiority over N.Y. State Insurance Law when it dismissed the lawsuit filed by a railroad worker who was […]

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USDC-DNY Dismisses FELA Suit

Accident Not Foreseeable to Railroad and Inadmissible Expert Opinion By: Christopher J. Hoare, Esq. In a recently issued 2014 trial court decision, Mitchell v. Metro North Commuter Rail, the Court delivered a double win to the railroad defendant in a lawsuit filed by a Metro North car shop mechanic who allegedly bumped his head while […]

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Volunteer Firefighters May Be Employees under FMLA

The City of Gibraltar employed 41 employees, excluding its “volunteer” firefighters.  When it fired one of the firefighters, Paul Mendel, he sued under the FMLA. The city countered that it was not covered under the FMLA because it had less than 50 employees. There were 25-30 “volunteer firefighters” whom the City contended were not truly […]

The post Volunteer Firefighters May Be Employees under FMLA appeared first on NJ Workers’ Comp Blog.

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Litgation Department Co-Chair Betsy G. Ramos Launches NJ Litigation Blog

Mt. Laurel, NJ — Capehart Scatchard Shareholder and Executive Committee Member Betsy G. Ramos, Esq. launched a new blog today, entitled the “New Jersey Litigation Blog.” Ms. Ramos, Co-Chair of the firm’s Litigation Department, will chronicle “significant liability litigation cases decided by the New Jersey courts.” Her first article, published earlier today, analyzes a case in […]

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