Articles / Newsletters / Legal Alerts / Case Law Updates

Capehart Scatchard frequently contributes by-lined articles on current legal topics to business, legal and trade periodicals. On this frequently updated page, we will post published and unpublished articles, legal updates, and other pertinent developments.

• Articles
  1. Facebook Ushers in a New Era of Discovery - (PDF) - 4/18/12
  2. Trade Secret Protection under New Jersey's New Trade Secrets Act (PDF) - 4/17/2012
  3. Read the "Fine Print" in Your Contracts (PDF)
  4. Beware of an Out-of-Date Buyout Provision (PDF)
  5. Obtaining Attorneys Fees in Frivolous State Court Actions (PDF) - 4/20/2011
  6. When Does a Shareholder Have the Right to Inspect the Corporate Books and Records (PDF) - 4/20/2011
• Newsletters 

1. 5/12 Transportation Newsletter
2. The Potential Implications of Fraud on a Workers' Compensation Claim under N.J.S.A. 34:15-57.4(c)(1) - April 2012
3. The Top 5 Employment Law Fixes for 2012 - NJLADvisor - April 2012
4. Bouncing Back From Bad Checks AND Trade Secret Protection Under New Jersey's Trade Secrets Act   - Intelligent Business - February 2012
5. Intelligent Business - December 2011
6. 10/11 WC Newsletter
7. Intelligent Business - Beware of an Out-of-Date Buyout Provision (PDF) - 9/23/2011
8. 07/11 WC Newsletter (PDF) - 7/13/2011  
9. Intelligent Business - May 2011 (PDF) - 5/26/2011
10. Intelligent Business - March 2011 (PDF) - 3/17/2011
11. 03/11 Workers' Compensation Newsletter (PDF) - 3/15/2011

• The Dealer Quarterly  

1. The Dealer Quarterly_June 2011 (PDF) - 7/11/2011
2. The Dealer Quarterly_March 2011 (PDF) - 3/15/2011

• Litigation 

1. Facebook - Posts Used Against Employee in a Civil Lawsuit and State Found Immune From Dangerous Condition of its Property as to Claim of Employee of Independent Contractor Injured on the Job - February 2012
2. Case Law Update
3. Litigation Quarterly - April 2011 (PDF) - 4/29/2011
4. Litigation Quarterly - January 2011 (PDF) - 1/19/2011

• Maritime & Federal Workers' Compensation 
    1.  Longshore Newsletter for August 2011 (PDF) - 8/31/2011 
    2.  Longshore and Defense Base Act Newsletter for June 2011 (PDF) - 6/7/2011

• Tax & Estate Newsletter 

1. Consider the Risk of a $1 Million Federal Estate Tax Exemption and Other Pending Tax Changes and Trusting Your Estate Plan To Software

2. Tax & Estate Newsletter - February 2011 (PDF) - 2/11/2011

•  Legal Alerts 

1. Increase in Contributions Toward Health Coverage Benefits for School Employees (PDF) - 6/28/2011
2. Recent Federal Court Case Rules That Physician Assistants Paid On Hourly Basis Are Not Exempt Employees (PDF) - 4/19/2011
3. Affidavit of Merit is Key to Defense of Legal Malpractice Claim (PDF) - 4/18/2011 
    

• Workers' Comp Case Law Updates 

1. Township is not Responsible for Surgery Sought by Police Officer Where Work Accident was not Proven to be the Cause for Low Back Surgery - 5/14/12
2. Dyslexia and Learning Disability Do Not Provide Exemption From Two-Year Statute of Limitations - 5/7/12
3. Federal Court Holds That Carpal Tunnel Syndrome May Constitute A Disability Under The ADA - 4/26/12
4. Appellate Division Allows Accidental Disability Pension For Work Injury To Custodian - 4/23/12
5. Employee With Work Injury Who Was Fired For Excessive Absenteeism Was Not Prejudiced By Employer's Failure To Designate Absence Under FMLA - 4/13/12
6. Failure To Advise Employee Of FMLA Calculation Method Dooms Employer In Law Suit - 4/5/12
7. Court Rejects Intentional Harm Claim For Worker Injured Using Table Saw - 3/27/12
8. Circuit Court Holds That The FMLA Protects A Pre-Eligibility Leave Request For Post-Eligibility Maternity Leave - 3/18/12
9. Joint Employment Situations In Workers' Compensation Are Not Limited To Two Employers - 3/12/12
10. Goodyear Properly Fired Employee For Misrepresenting Facts On Job Application And Medical Questionnaire - 3/8/12
11. Counsel Fees In New Jersey Workers' Comp Are Not Limited To 20% - 3/1/12
12. Employer's Knowledge Of Workers' Compensation Claims History May Constitute Sufficient Evidence That Employer Regarded Employee As Disabled - 2/24/12
13. Two Year Statute Of Limitations Runs From Last Date Of Comp Payments And Cannot Be Relaxed By Court - 2/14/2012
14. Board Of Education Is Assessed Penalties For Late Payments - 2/10/2012
15. Appellate Court Dismises Workers' Comp Claim For Fraud Where Petitioner Misrepresented Facts During Trial - 2/6/2012
16. New Jersey Town Did Not Discriminate When It Refused To Hire Applicant For Police Officer Position - 1/29/2012
17. Recent Case Law Opens Cracks In The FMLA - 1/19/2012
18. Court Affirms Award For Stroke Related To Unusually Stressful Work Conditions - 1/12/2012
19. Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident - 1/9/2012
20. Occupational Back Claim Is Held To Be Time Barred And Alleged Subsequent Work Injury Is Defeated By Medical Records Showing An Injury At Home Immediately Prior To Cessation Of Work - 1/3/2012
21. Facebook - Ushering In a New Era Of Discovery? - 12/20/2011
22. Gross Negligence Is Insufficient For Plaintiff To Prove Intentional Harm Claim - 12/15/2011
23. Can An Employer Defeat An Asbestos-Related Cancer Claim Based On The Statute Of Limitations? - 12/5/2011
24. Sixth Circuit Decision Bolsters Power Of Medicare Secondary Payer Law - 11/27/2011
25. Plaintiff's Claim For Intentional Harm Survives Motion To Dismiss Made By Defendant - 11/18/2011
26. Once Per Week Hairstylist Found To Be Employee And Not Independent Contractor At Senior Facility - 11/6/2011
27. Are Complications From Flu Shots Provided By Employers Considered Compensable? - 11/2/2011
28. Workers' Comp Rates Are On The Rise Again In New Jersey - 10/27/2011
29. Owner Of Restaurant Who Left Home Earlier Than Usual For Meeting Was Not Covered In Accident On Way To Work - 10/25/2011
30. Employer Did Not Owe Temp Benefits To Employee Fired For Violation Of Company Drug Policy - 10/19/2011
31. Part-Time Worker Receives Total Disability Award And Reconstructed Wage - 10/11/2011
32. Employer Properly Fired Employee For FMLA Abuse - 10/4/2011
33. No FMLA Violation Where Walgreens Fired Employee With Honest Belief That He Violated Company Policy - 9/29/2011
34. Employee Is Not Excused From Call In Procedures Just Because Absences Are Covered Under FMLA - 9/20/2011
35. Employee Of Property Management Company Can Sue Affiliated Mobile Home Park Where He Worked - 9/9/2011
36. Company Manager Did Not Violate ADA's Confidentiality Provisions In Telling Prospective Employer About Former Employee's Health Condition - 9/2/2011
37. Judge Of Compensation After Full Trial Finds Medical Provider Was Properly Compensated In Burn Claim - 8/29/2011

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