December 2017 | Capehart Scatchard

Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed Complaint

In New Jersey, personal injury actions must be filed within two years of the accrual of the action. What happens if the complaint is filed on the last day of the statute of limitations and the defendant wishes to file a counterclaim arising out of the same incident? Is the counterclai...

Due Diligence for Independent Practice: An Introductory Overview

There are many reasons why a physician would want to be in “independent practice” and equally as many why that might be difficult to achieve. Independence might mean being part of a physician-led network or it might mean operating a completely stand-alone practice. In either case, the...

Township Has no Liability for Drowning Death of Minor in Unimproved River

The plaintiff, Carol Leonard, on behalf of the Estate of her deceased son, Devine Nichols, sued the City of New Brunswick due to the accidental drowning death of her son in the Raritan River. Devine and his friend had been seen walking in the Raritan River in Boyd Park. The next day,...

Judge of Compensation Denied Hospital Due Process Rights in Ordering Temp Benefits Without Motion for Med and Temp Ever Being Filed

Can a Judge of Compensation order a respondent to pay temporary disability benefits without a motion being filed in the first place? The answer is no according to the decision in Munch v. Atlantic Health System, A-1265-16T1 (App. Div. December 21, 2017). Petitioner, Dana Munch, work...

Surfin’ With The IRS

OK, the holiday shopping is done, so what is there to surf on the internet? Have you ever checked out the IRS website? I can hear you saying “How exciting!” But, before you pass judgment on my suggestion, why not take a look at www.irs.gov ? It just MIGHT have some information whi...

U.S. DOE Issues Q&A on Endrew F. Case

On March 22, 2017, the United States Supreme Court decided the case of Endrew F. v. Douglas County School District in which it revised the national standard for determining whether a special education student has received a free appropriate public education (“FAPE”) under the Individu...

Condominium Association Not Liable for Injury on Sidewalk Adjacent to Its Buildings

Plaintiff Tina Waldeier was injured when thrown from her bicycle due to a defect in the sidewalk adjacent to the defendant Piper I Townhouse Condominium buildings. The Condominium Association argued that the condominiums were predominantly residential and, hence, it was not liable for...

What Are You Giving To Charities This Holiday Season?

TIS the season of giving and as we near year end, we think of giving gifts not only to those we love, but also to our favorite charities. You itemize deductions and you want to use the donations to reduce your income tax. But IS that donation deductible? Are you aware that only don...

Appellate Division Holds Statutory Volunteers Must Prove Actual Wage Loss In Order to Obtain Temporary Disability Benefits

After decades of confusion over the issue of paying temporary disability benefits to volunteer firefighters who have no outside jobs, practitioners finally received an answer from the Appellate Division in Kocanowski v. Township of Bridgewater, A-3306-15T2, (App. Div. December 11, 201...

Appellate Division Limits Attorneys’ Fees in OPRA Case

By: Sanmathi (Sanu) Dev, Esq. On November 27, 2017, the New Jersey Appellate Division in Kennedy v. Montclair Center Corporation Business Improvement District issued an unpublished decision in which it determined that the Open Public Records Act (“OPRA”) does not entitle a plainti...

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Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed Complaint

Due Diligence for Independent Practice: An Introductory Overview

Township Has no Liability for Drowning Death of Minor in Unimproved River

Judge of Compensation Denied Hospital Due Process Rights in Ordering Temp Benefits Without Motion for Med and Temp Ever Being Filed

Surfin’ With The IRS

U.S. DOE Issues Q&A on Endrew F. Case

Condominium Association Not Liable for Injury on Sidewalk Adjacent to Its Buildings

What Are You Giving To Charities This Holiday Season?

Appellate Division Holds Statutory Volunteers Must Prove Actual Wage Loss In Order to Obtain Temporary Disability Benefits

Appellate Division Limits Attorneys’ Fees in OPRA Case

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