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Capehart Scatchard Shareholder Addresses Government Finance Officers Association

Capehart Scatchard Shareholder, Carmen Saginario Jr., recently spoke at the Government Finance Officers Association of New Jersey’s 2019 Fall Conference in Atlantic City, New Jersey.

Mr. Saginario spoke on the topic of “To Arbitrate or Not to Arbitrate – That is the Question.”   In his presentation, he addressed the negotiations process and the nine factors an interest arbitrator considers when making an award.  Additionally, Mr. Saginario discussed the impact of the 2017 sunset on the 2% cap on binding interest arbitration awards.

Mr. Saginario, a Cinnaminson resident and Co-Chair of the Firm’s Labor and Employment Department, focuses his practice on employment counseling and litigation. He regularly counsels clients on litigation avoidance, personnel policies, and procedures including those associated with the FMLA, ADA, and Fair Labor Standards Act.  He also handles employment discipline, layoffs, terminations, and internal investigations, and regularly appears before Federal and State courts and administrative agencies regarding employment matters.

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Sheila Mints Appointed to NJSBA Cannabis Law Special Committee

Capehart Scatchard is pleased to announce that Sheila M. Mints, Chair of the firm’s Cannabis Law Practice, was recently appointed by the New Jersey State Bar Association to be a member of its Cannabis Law Special Committee.

According to the NJSBA, the mission of the Cannabis Law Special Committee is to bring together a group of attorneys who examine the many legal issues – from civil or business to criminal – that will stem from medical, and potential consumer access to cannabis.

Ms. Mints, a resident of Riverton, counsels businesses, public entities, and entrepreneurs interested in entering the multifaceted cannabis market. Additionally, Ms. Mints Chairs the Healthcare Law Practice where she specializes in healthcare transactional matters, including shareholder and employment agreements, purchases and sales of medical practices, including ACO transactions, and practice mergers.

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Rodriguez v. Costco Wholesale Corp

Client: Costco Wholesale Corp.

Court: Superior Court, Middlesex County, Law Div.

Trial Attorney:  Betsy G. Ramos, Esq.

Brief Attorney:  Voris M. Tejada, Jr., Esq.

We were successful in obtaining summary judgment, dismissing a civil lawsuit filed against Costco, who had been sued by its employee for a very serious workplace accident. Said employee filed this civil suit against Costco alleging that it had committed an intentional wrong, which is an exception to the exclusive remedy provision of the Workers’ Compensation Act.

The court ruled that the plaintiff had not met the high threshold needed to surmount the exclusive remedy provision of the Act, was limited to her workers’ compensation remedies as to Costco, and dismissed the lawsuit as to Costco.

cite:  Liberty Mutual Insurance o/b/o Sabert Corp. v. Rodriguez, 458 N.J. Super. 515 (App. Div. 2019), certif. denied, 238 N.J. 490 (2019)

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Washington Township Board of Education v. H.M. on Behalf of R.M.

Client: Washington Township Board of Education

Court: Office of Administrative Law

Brief Attorney:  Sanmathi (Sanu) Dev, Esq.

The Board sought to compel the triennial reevaluation of a student receiving special education and related services when the parent of a special education law refused consent.  The Administrative Law Judge found that the Board has a legal right and authority to conduct the evaluations, as well as an obligation to conduct them.  The Administrative Law Judge granted the Board’s Motion for Summary Decision reasoning that if a parent of a child with a disability wants a school district to provide services, the parent must allow the evaluations to take place.

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Capehart Scatchard Employees Participate In Operation Fill-A-Backpack

Photo: Seated L to R: Jessica Ream and Maria Lee, Standing L to R: Francine Viden, Miriam Gricco, Mary Ellen Rose, Howard Vogel, Mark Wiltshire, Karen Delsignore, Beth Hopkins, Kristen Mowery and Florence Schiavo.

In an effort to help local children prepare for the upcoming school year, employees of Capehart Scatchard recently collected school supplies to benefit Operation Fill-A-Backpack, sponsored by Oaks Integrated Care.

Additionally, on Wednesday, August 14, 2019, the firm held a Jeans Day fundraiser to support the cause. Attorneys and staff donated $2 to wear jeans to work for the day.  Over $250 was raised, and will be sent, along with the many school supplies collected, to Oaks Integrated Care.

Oaks Integrated Care is a private, nonprofit organization dedicated to improving the quality of life for children, adults and families living with a mental illness, addiction or developmental disability.

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Wolfington v. Rothman Institute

Client: Rothman Institute

Court: Third Circuit Court of Appeals

Trial Attorney:  Laura D. Ruccolo, Esq.

The Third Circuit in a precedential opinion affirmed the judgment of the trial court dismissing the Plaintiff’s Class Action under the Truth in Lending Act (“TILA”) lawsuit because Plaintiff failed to plead that he entered into a “written agreement” to extend credit, which would implicate TILA.

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Best Lawyers In America Names Capehart Scatchard Shareholders to 2020 List

Capehart Scatchard Shareholders, Amy C. Goldstein, Esq. and Betsy G. Ramos, Esq., were recently selected by their peers for inclusion in The Best Lawyers in America© 2020 (a trademark of BL Rankings, LLC).  Ms. Goldstein was selected for the tenth consecutive year in the practice area of Family Law and Ms. Ramos was selected for the first time in the area of Litigation – Insurance.

Ms. Goldstein has been practicing exclusively Family Law for thirty-seven years. She handles complex cases relating to all aspects of family law including prenuptial agreements, custody, alimony, child support, equitable distribution, surrogacy and all other issues related to family law. She is a Past President of the New Jersey Chapter of the American Academy of Matrimonial Lawyers and she was voted one of the Top 50 Women Attorneys in the State of New Jersey in 2019 by the New Jersey Super Lawyers organization.

Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, Ms. Ramos, is an Executive Committee Member and Co-Chair of the Litigation Department.  She is a seasoned litigator with over twenty-five years experience handling diverse matters and concentrates her practice in tort defense, business litigation,  insurance coverage,  estate litigation, employment litigation, and general litigation.

Best Lawyers in America® is based on an exhaustive peer-review survey in which leading attorneys cast votes on the legal abilities of other lawyers in their practice areas.  A description of the selection methodology can be viewed here. The Super Lawyers list is issued by Thomson Reuters and a description of the selection methodology can be viewed here.

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Capehart Scatchard Paralegal Named an Accredited Estate Planner®Designee

Capehart Scatchard is pleased to announce that paralegal, Kay M. Sowa, was recently designated as an Accredited Estate Planner® by the National Association of Estate Planners & Councils.

The Accredited Estate Planner® designation is a graduate level specialization in estate planning, obtained in addition to already recognized professional credentials within the various disciplines of estate planning. It is awarded by the National Association of Estate Planners & Councils to recognize estate planning professionals who meet stringent requirements of experience, knowledge, education, professional reputation, and character, and who commit to the team concept of estate planning.

In addition to her paralegal duties in tax, accounting and litigation matters relating to trusts, estates and individuals, Ms. Sowa is an IRS Enrolled Agent eligible to represent taxpayers before all administrative levels of the IRS.  She is also a Certified Trust and Financial Advisor through the Institute of Certified Bankers.

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Capehart Scatchard Attorneys Recognized As Top Attorneys By SJ Magazine

Twenty-five Capehart Scatchard attorneys achieved recognition by their peers as “Top Attorneys” in the current issue of SJ Magazine.   The magazine’s annual list of Southern New Jersey’s best lawyers is the result of comprehensive polling of members of the Southern New Jersey legal community.

 

The Capehart Scatchard Top Attorneys are:

Alan Fox – Alternative Energy

Charles Holmgren – Appellate

William Wright – Banking & Finance

Vincent Cieslik – Business

Laura Ruccolo – Commercial

Christopher Hoare – Construction

Charles Rizzi – Corporate

Michelle Corea – Criminal

Sergio Scuteri – Debt Collection

Amy Goldstein – Divorce & Family

Carmen Saginario – Employment Discrimination

Melissa Mignogna – Family Mediation

Mary Ellen Rose – Franchise & Distribution

Sheila Mints – Healthcare

Alyson Knipe – Insurance

Denise Sanders – Intellectual Property

Ralph Smith – Labor & Employment

Christopher Carlson – Litigation

Stephen Alexander – Product Liability

Kelly Dugan – Real Estate

Robert Muccilli – Regulatory & Government

Sheila Mints – Taxation

Betsy Ramos – Trial

Yasmeen Khaleel – Wills, Estates & Trusts

Ana Bauersachs – Workers’ Compensation

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Marconi v. United Airlines

Client: United Airlines/Sedgwick

Court: Workers’ Comp Court in Newark

Trial Attorney:  Prudence M. Higbee, Esq.

In the reported case of Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, 2019), the Appellate Division affirmed the dismissal of two claims against United Airlines for lack of jurisdiction. Richard Marconi lived in New Jersey and suffered a work injury to his left hip on January 31, 2015 working for United Airlines in Philadelphia.  United paid full benefits to Marconi under Pennsylvania law, but eventually Mrconi brought two claim petitions in New Jersey seeking permanency benefits that were not available in Pennsylvania.  One claim petition was for the accident in 2015 and the other was an occupational claim alleging work exposures from 1988 to the present.  Mr. Marconi admitted he was not hired in New Jersey and worked most of his career in Philadelphia, with only a brief period of employment at Dulles Airport.

United moved to dismiss both claim petitions for lack of jurisdiction in New Jersey.  Petitioner argued that even if residency alone was insufficient for a finding of jurisdiction, Professor Larson’s fourth factor, namely “place where the industry is localized,” in conjunction with petitioner’s residency in New Jersey is sufficient for a finding of jurisdiction.  However, the Appellate Division disagreed, explaining the concept of localization should be analyzed in terms of advancement of company interests, not its mere presence in the State. In this case, the Court found that, “nothing in the course of Marconi’s two-decade employment with United advanced the company’s localized interests in New Jersey.  In these circumstances, although United maintained a localized business interest in Newark, New Jersey has no substantial interest in exercising its jurisdiction over the petitions.”  As such, the Appellate Division affirmed the dismissals of both claim petitions.

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