Condo Association No Liability for Fall on Interior Sidewalk

With all the ice and snow this winter, condominium associations (and their insurers) that maintain interior sidewalks in their community will be breathing a sigh of relief that they have no liability for an injury from a fall on an icy patch on an interior sidewalk. In the unpublished...
February 18, 2014

Employee Can Be Fired for Reasons Discovered While on FMLA Leave

Adesina Mercer worked for the Arc of Prince George County from 2004 to 2011.  Her job included applying for and processing initial applications for benefits for Food Stamps and Social Security. In May 2007, The Arc put Mercer on conditional employment status due to poor work performa...
February 14, 2014

Trusting Your Estate Plan to Software?

Over the past ten years, many individuals have looked for alternative means by which to plan their estate.  Allegedly seeking to forego the expense of an attorney, many people try to use “fill in the blank” documents from stationary stores and will kits.  As the usage of computers, an...
February 13, 2014

No Duty Owed by Private Utility to Remove Dead Tree

No Duty Owed by Private Utility Company to Remove Dead Tree in Right of Way to Prevent Accident The Plaintiffs in McGlynn v. State of New Jersey, no. L-2-06 (App. Div. Jan. 3, 2014) claimed that Jersey Central Power and Light Company (“JCP&L”) owed a duty of care to remove vegetat...
February 11, 2014

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 “voluntee...
February 7, 2014

Beware: Estate Planning Scams Are Knocking at Your Door

Over the years, people have been increasingly concerned about the cost of legal services.  Without question, there are a number of lawyers and law firms who have abused the public’s trust by overcharging for wills and other estate planning services.  This abuse of trust, coupled with...
February 6, 2014

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 de...
February 6, 2014

No NJ Jurisdiction Found for Illinois Employee

Illinois Based Employee of Computer Consulting Software Company Cannot be Sued in New Jersey Due to Lack of Jurisdiction Baanyan Software Services tried to sue its Illinois based employee in New Jersey for breach of contract. In Baanyan Software Services v. Kuncha, no. A-2058-12T3 (De...
February 4, 2014

When Your Corporate Client is the Subject of an Inflammatory Closing Argument

(A Pennsylvania Perspective) By: Scott M. Russ, Esq. The Superior Court of Pennsylvania recently ruled that a plaintiff’s attorney’s inflammatory remarks during closing argument concerning a corporate defendant were not enough to warrant a new trial. In the matter of Ferguson v. Mor...
February 4, 2014

Construction Accident Cases and the New York Labor Law

(A New York Perspective) By: Joseph R. Zakhary, Esq. New York State contains some of the most beautiful, if not awe-inspiring, urban landscapes on earth.  Many impressive structures are located in New York City, a place where there is usually some type of construction activity occ...
February 4, 2014
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