September 2017 | Capehart Scatchard

Failure to File Timely Tort Claims Act Notice Should Not Bar Suit Against Municipality for Injuries Due to Chemical Vapors Based Upon Discovery Rule

Plaintiffs Edan and Edna Ben Elazar alleged that they suffered various personal injuries due to chemical vapors that infiltrated their electronics repair shop. The chemicals emanated from leaking underground storage tanks that belonged to the dry cleaner next door to the plaintiff’s s...

The Underutilized and Underappreciated Defense of Lack of Timely Notice

Some defenses, like the going-and-coming rule, get all the attention but there are other less well known defenses, like lack of timely notice, which can be very powerful as a defense in workers’ compensation. One of the reasons that the notice defense is often ignored in New Jersey i...

District Court Addresses Issue Involving Waiver for Enrollment in Honors/AP Classes

The North Valley Regional High School District had a policy in which students could enroll in Honors or Advanced Placement classes by obtaining a teacher’s recommendation. Without a recommendation, a student could “waive” into such a class if the student and parents sign a document st...

Statute of Limitations in Construction Defect Case Accrues When Original or Subsequent Owners Knew of Basis or Should Have Known of Basis For Claim

In a recent New Jersey Supreme Court case, The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, 2017 N.J. LEXIS 845 (2017), the Court was asked to rule on when the statute of limitations accrued in a construction defect property damage case. The plaintiff...

Appellate Court Reverses Order for Temporary Disability Benefits Against One of Two Potential Employers Where Employment Was Disputed

When a petitioner files a motion for medical and temporary disability benefits and the only issue is which carrier or employer is responsible, the Judge of Compensation can order benefits paid by one of the parties pending the outcome of litigation. The logic behind this rule is that...

Upcoming Seminar: “Do’s and Don’ts of Special Education Law”

On Wednesday, October 18, 2017, Joseph Betley, Esq. and Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey Charter School Conference in Newark. Their presentation is entitled, “Do's and Don'ts of Special Education Law.” For more information, please click here....

Appellate Division Rules Against Charter Schools In Funding Issue

Four charter schools located in Jersey City challenged the level of funding they received from the local board of education under the School Funding Reform Act of 2008 (“SFRA”) as inadequate for their students to receive a thorough and efficient education in violation of the New Jerse...

CEPA Found Not to Apply to Volunteer Firefighter

As many employers already know, New Jersey has one of the broadest whistleblower protection laws in the United States. In the past, the Conscientious Employee Protection Act (“CEPA”) has been expansively interpreted to provide wide ranging protections to not only employees who engage...

Personal Injury Claim Barred by Charitable Immunity Defense

Plaintiff Sabrina Losada filed suit against Princeton University and the Princeton Tigers Aquatic Club (“PTAC”) for injuries she suffered while attending her daughter’s swim meet. She claimed that she fell in a depression next to a walkway adjacent to the Princeton University building...

Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

Light duty was the issue in Smith v. DuPage Cnty. Sheriff, 33 AD Cases 789 (N.D. Ill. June 5, 2017). Four Sheriff’s Deputies suffered work injuries in 2013 and 2014 and received full salary for one year while on leave from their injuries. After the one-year period, the officers rece...

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Failure to File Timely Tort Claims Act Notice Should Not Bar Suit Against Municipality for Injuries Due to Chemical Vapors Based Upon Discovery Rule

The Underutilized and Underappreciated Defense of Lack of Timely Notice

District Court Addresses Issue Involving Waiver for Enrollment in Honors/AP Classes

Statute of Limitations in Construction Defect Case Accrues When Original or Subsequent Owners Knew of Basis or Should Have Known of Basis For Claim

Appellate Court Reverses Order for Temporary Disability Benefits Against One of Two Potential Employers Where Employment Was Disputed

Upcoming Seminar: “Do’s and Don’ts of Special Education Law”

Appellate Division Rules Against Charter Schools In Funding Issue

CEPA Found Not to Apply to Volunteer Firefighter

Personal Injury Claim Barred by Charitable Immunity Defense

Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

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