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Rutgers Student Receives Scholarly Award from Capehart Scatchard Law Firm

L to R: Kelly Ann Dugan, Esq., Shareholder and Co-Chair, Real Estate & Land Use Group; Mary Ellen Rose, Esq., Managing Shareholder; James Clancy, Award Recipient; Kim Mutcherson, Co-Dean and Professor of Law; Jacob Russell, Assistant Professor.

James Clancy was the recipient of the 20th Annual Blaine E. Capehart Legal Writing Award, presented at the law firm of Capehart Scatchard on May 14th.  The award recipient will graduate from Rutgers Law School in Camden on May 23, 2019.

The Mt. Laurel-based firm presented Mr. Clancy with a $2,500 award in recognition of his exemplary legal writing and research abilities.  The Firm offers this award to a graduating Rutgers law student on an annual basis in honor of the late Blaine E. Capehart.

Kelly Ann Dugan, Shareholder and Co-Chair of the Real Estate and Land Use Group, presented this year’s award.  Ms. Dugan reminded the audience that this was the 20th Anniversary of the Blaine E. Capehart Legal Writing Award presentation to a Rutgers Camden Law Student, evidence of the strong and long standing partnership the firm shares with the Law School.  In particular, Ms. Dugan spoke about the firm’s desire to honor accomplishment as the core value espoused by our founding partner Blaine Capehart: excellence in the practice of law, with an emphasis on high caliber legal writing.  She commended this year’s recipient, James Clancy, for the exemplary skill in both legal research and legal writing demonstrated in his work.  Ms. Dugan concluded by stating that, “No matter what the changes and developments in the legal profession may be, excellent communication skills, including excellent writing skills, will always be essential to a successful legal career.”

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Howard Vogel Selected As A CFO Excellence Awards Finalist

Capehart Scatchard is pleased to announce that CFO and Firm Administrator, Howard P. Vogel, CPA MBA was recently selected as a Finalist in the 2019 CFO Excellence Awards.

The CFO Excellence Awards celebrate highly accomplished CFOs who apply creativity and skill in contributing to and leading their organization’s economic growth, stability, and success.  Nominations are evaluated by CFO Studio’s validation partner, Prager Metis, with Finalists and Award Recipients selected by an independent panel of judges.  This year’s Award Recipients will be announced at the CFO Excellence Awards Ceremony and Dinner Gala being held at the Governor Morris Hotel, Morristown, NJ on June 6, 2019.

Mr. Vogel, a Marlboro resident, has been with the firm since 2015 and is a graduate of the City University of New York – Queens College.  He received his MBA from St John’s University in New York.  Mr. Vogel is a member of the New Jersey Association of Legal Administrators and New Jersey Society of Certified Public Accountants.

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Capehart Scatchard Shareholder Chairs March of Dimes Walk and 5k

Photo: Vincent T. Cieslik, Esq. and members of the Real Jersey Football Club 06 Girls.

Capehart Scatchard shareholder, Vincent T. Cieslik, Esq., served as Chair of the March of Dimes Walk and 5K Run for Babies, held on the campus of Rowan University on Sunday, May 4, 2019. Vince, employees of the firm, along with friends and family members, participated in the event which raised money for research into the cause and a cure for premature child birth, to raise awareness of premature birth and health related issues, and to promote healthy moms and healthy babies.

Mr. Cieslik, a Gloucester Township New Jersey resident, represents physicians, medical practices, individuals and companies in business disputes, regulatory, real estate and banking matters. Mr. Cieslik also represents fiduciaries and parties in court cases related to wills and estates.

Vince thanks all of the local businesses who sponsored the event, as well as the families, friends, his colleagues at Capehart Scatchard, clients, and business associates who contributed to and helped sponsor this important cause.

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Coard v. Oaks Integrated Care, Inc.

Client: Oaks Integrated Care, Inc.

Court:  Appellate Division

Brief Attorney:  Joseph F. Betley, Esq. and Sanmathi (Sanu) Dev, Esq.

Plaintiff, who is African-American, alleged that he was improperly terminated from his position at Oaks Integrated Care, Inc. (“Oaks”), because of his race, in violation of the New Jersey Law Against Discrimination (“NJLAD”).  After receiving an anonymous tip alleging plaintiff was smoking marijuana outside the group home, Oaks suspended plaintiff pending an internal investigation.  Oaks found the allegations to be unsubstantiated and contacted plaintiff multiple times to schedule his return to work, but plaintiff did not return the calls.  Plaintiff was subsequently terminated due to his violation of Oaks’ attendance and conflict resolution policy.

Plaintiff brought suit under the NJLAD alleging he was terminated because of his race.  He premised the claim on comments his supervisor allegedly made questioning his ability to afford certain “luxuries,” such as designer jeans, sneakers, rental cars, and vacations.  The motion judge determined that plaintiff’s “subjective feelings of race-based discrimination” failed to demonstrate a prima facie violation of the NJLAD and dismissed the case.  On appeal, the Appellate Division agreed that plaintiff’s termination was not a pretext for discrimination and upheld the dismissal.

 

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Capehart Scatchard Cooks to Fight Hunger in South Jersey

Photo: Fr Left: Christopher Chu, Esq.; Ashley Albano, Esq.; Keith Nagy, Esq.; Maria Dal Santo, Esq.; and Kristopher Wright of NY & Dad’s Quick Eats, culinary advisor mentor.

Capehart Scatchard attorneys, Ashley Albano, Christopher Chu, Maria Dal Santo, and Keith Nagy, recently participated in the Seventh Annual Food Bank of South Jersey’s “Hunger Games” food competition.  The fundraiser was held at the Food Bank headquarters in Pennsauken on April 24, 2019.

The Food Bank Hunger Games is an entertaining, team building challenge with proceeds going to benefit the Food Bank’s hunger relief programs for children. At this year’s event, fifteen corporate teams received one box of mystery ingredients and had 45 minutes to whip up a dish for three food savvy judges in a live cooking competition.  Each participating team consisted of four members, and a culinary advisor mentor, who worked together to create a meal from a box of food items that the Food Bank typically distributes through its pantry network.

Capehart’s team, comprised of all first time competitors, placed in the top three at the event and lost to the winning team by one point.  Although they did not win the competition, the team left with the satisfaction of having helped the hungry.

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Multiple Medical Reimbursement Cases Dismissed for Lack of Jurisdiction

A number of medical providers for New York workers’ compensation claimants had filed medical reimbursement applications in the Division of Workers’ Compensation in New Jersey seeking the higher New Jersey rates.  We filed motions to dismiss for lack of jurisdiction with briefs arguing that there is no New Jersey jurisdiction if the injured worker himself would not have the right to file a New Jersey claim because of lack of employment/ injury connection to New Jersey.

Judge Ferriero in Hackensack agreed with our arguments and has dismissed for lack of jurisdiction , with prejudice a total of 20 claims over the past several months for a number of our clients – Amtrust, Glacier Bay, York Claims Services, First MCO, PMA and Chesterfield. The applicant’s attorney has not elected to appeal these dismissals.  Claire Ringel, Esq. and Caroline Yount, Esq. on the motions and briefs.

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Rose v. Lasasso et al.

Client: Farmers Insurance Company of Flemington

Court:  Appellate Division

Brief Attorney:  Christopher J. Carlson, Esq.

Our insured was one of dozens of attendees at a party where Plaintiff claimed that he was assaulted. At deposition, Plaintiff acknowledged that he had no proof that the insured was involved in the alleged assault. A “frivolous litigation” letter was accordingly immediately issued to Plaintiff’s counsel. When the Complaint was not withdrawn, a Motion for Summary Judgment was filed and granted. Thereafter, a Motion for Sanctions against Plaintiff’s counsel was granted.  After judgment against Plaintiff’s counsel was docketed, Plaintiff’s counsel ultimately appealed the same, though he had never opposed the Motion for Summary Judgment or the Motion for Sanctions.  The Appellate Division affirmed the award of sanctions. Currently pending is our Motion seeking additional sanctions against Plaintiff’s counsel for the frivolous appeal, since a second “frivolous litigation” letter was served upon him immediately upon the filing of the appeal.

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Chinchilla v. Walmart

Client:  Claims Management, Inc.

Attorney:  Ana-Eliza T. Bauersachs, Esq.

Petitioner filed a Motion for Temporary and/or Medical Benefits requesting lumbar spine surgery and injections to the cervical spine, as well as temporary disability benefits.  The respondent opposed the motion with a report from Dr. Gatto, who found petitioner’s condition not work related.

At trial, petitioner testified as to her employment duties. Petitioner’s IME doctor subsequently testified regarding petitioner’s current need for treatment and causal relationship.  Thereafter, Respondent’s expert, Dr. Gatto, testified and concluded there was no causal relationship between petitioner’s diagnoses and her occupational exposure. Rather, the doctor felt petitioner’s objective changes were age-related. Judge Thuring ordered the parties to obtain a third opinion. The court-appointed expert agreed with respondent’s expert and concluded petitioner’s condition was degenerative, not occupational in nature. Following submission of briefs, Judge Thuring issued an oral decision denying the Motion for Temporary and/or Medical Benefits, finding petitioner’s lumbar and cervical spine changes degenerative in nature and concluding that, pursuant to Section 31, age-related changes are not compensable.

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Amy Goldstein Named One of the Top 50 Women Lawyers in New Jersey

Capehart Scatchard is pleased to announce that Shareholder Amy C. Goldstein was recently named among the Top 50 women attorneys in the State of New Jersey by the New Jersey Super Lawyers organization. As part of its Super Lawyers peer-reviewed and research-based selection process, the Super Lawyers organization also identifies those “Top 50” women lawyers in the State who have attained the highest degree of peer recognition and professional achievement in the State of New Jersey. Ms. Goldstein is honored to be selected as one of these exceptional professionals.

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, equitable distribution, surrogacy agreements, closely held business valuations and all other cases and issues related to family law.  Ms. Goldstein is also trained and certified to act as a Mediator and a Collaborative Law attorney in family law cases.  Ms. Goldstein has been a member of the American Academy of Matrimonial Lawyers since 1992 and was the President of the New Jersey Chapter from 2015 to 2016.  Ms. Goldstein frequently lectures and has written numerous articles on a variety of subjects relating to family law.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

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Capehart Scatchard Law Firm Names New Executive Committee Member

Capehart Scatchard is pleased to announce that Business & Tax Department and, Estates, Trusts & Wills Department Shareholder Yasmeen S. Khaleel, Esq. has been named to the firm’s Executive Committee.

Ms. Khaleel, a Mount Laurel resident, concentrates her practice in the representation of individuals, business owners, medical, dental and other professionals in the areas of estate planning, estate and trust administration, business succession planning, transactional and tax planning. She routinely handles matters of special needs planning including guardianship applications. Additionally, she is experienced in handling complex business/estate and trust litigation matters in conjunction with the Litigation Group.

She received her LL.M. degree from Temple University James E. Beasley School of Law, her law degree from Seton Hall School of Law, and her B.A. degree, with honors, from Lafayette College.  Ms. Khaleel is admitted to practice law in New Jersey and Pennsylvania.

Ms. Khaleel is the past president of the Estate and Financial Planning Council of Southern New Jersey, is on the board of directors for the Animal Welfare Association, is a committee member of the Samaritan Hospice and Health Care Planned Giving Committee, and is the president and sits on the board of directors for Asian Indian Professionals, Inc.

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