Uncategorized Archives | Capehart Scatchard

Be Warned About NJ WARN

Employers already know that, anytime a mass layoff or plant closing is contemplated, there are significant federal and New Jersey state law notice requirements. This past January, 2020, Governor Murphy signed into law a radical legislative amendment to the New Jersey WARN Law (known o...

Have you reached or are you approaching 70-1/2 years?

When you reach the age of 70-1/2, you are required to begin taking retirement plan distributions. Failure to do so could subject you to a surcharge by the IRS. This distribution must be taken by April 1 of the year following the attainment of age 70-1/2. These pa...

Appellate Court Rejects Trucker’s Injury While Dressing After Showering During Trip From California to New Jersey

Samuel Kamenette drove over-the-road trucks for Sangillo & Sons. He was injured on October 9, 2015 in the State of Wyoming. He was driving a load from California to New Jersey. He slept the night before in his truck, and in the morning he drove for an hour to a Flying J, part o...

What Summer HR Projects Do You Have Planned?

Now that the warm weather is upon us and things are “slowing down” due to vacations, it’s a good time to sit back with a cool drink and carefully evaluate whether our HR practices are “up to snuff.” If the answer to any of the following questions is “no,” your company may be risking...

Court Interprets Two Competing “Other Insurance” Clauses to Determine Primacy of Coverages

Often there are two different insurance policies that may cover a defendant for a claim. To determine which policy is primary and which policy is excess or if the policies would be co-primary, the court must review and interpret the “other insurance” clause in both policies. In Foerst...

Court Upholds City’s Termination of Worker with Lupus Based on Doctor’s Note Prohibiting Outdoor Work

Jimmy Mathis worked as a laborer for the City of Red Bank in Tennessee. Eventually he rose to the position of Assistant to the Director of Public Works. Initially he would inspect for building code violations, handle animal control problems, oversee street projects and handle citizen...

Physician Assistants’ Enhanced Role in New Jersey requires Proper Supervision

Earlier this year, the State of New Jersey enacted amendments to the statutes governing the scope of practice of physician assistants (“PA”). Although there are likely State Board of Medical Examiner regulations forthcoming to provide further clarity on PA practice, the new statutes p...

OSHA Attacks Employer Post-Accident Drug Testing Policies

Many employers have a policy of mandatory post-injury drug testing. Those policies must now be reconsidered and largely jettisoned. The underpinning of the new OSHA policy on drug testing is the belief that blanket post-injury drug testing policies deter proper reporting of injuries....

Plaintiff Barred from Collecting PIP Benefits Due to the Ownership of Uninsured Vehicle

Plaintiff, Vidal Padilla, was involved in a 2014 accident while operating his nephew’s car. He submitted a PIP application for his injuries to defendant Personal Service Insurance Company, which insured his nephew’s vehicle. The defendant insurance company contended that the plaintiff...

Res Ipsa Loquitur Not Apply for Negligence Claim Due to Injury from Eating Dessert from Fast Food Restaurant

Plaintiff Erik Lukmann claims to have been injured while biting down on an ice cream dessert purchased from Wendy’s. He bit down, felt a hard object, and spit out a coin. As a result, he broke several veneers on his teeth. In Lukmann v. Wenesco Restaurant Systems, Inc., 2016 N.J. Supe...

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Be Warned About NJ WARN

Have you reached or are you approaching 70-1/2 years?

Appellate Court Rejects Trucker’s Injury While Dressing After Showering During Trip From California to New Jersey

What Summer HR Projects Do You Have Planned?

Court Interprets Two Competing “Other Insurance” Clauses to Determine Primacy of Coverages

Court Upholds City’s Termination of Worker with Lupus Based on Doctor’s Note Prohibiting Outdoor Work

Physician Assistants’ Enhanced Role in New Jersey requires Proper Supervision

OSHA Attacks Employer Post-Accident Drug Testing Policies

Plaintiff Barred from Collecting PIP Benefits Due to the Ownership of Uninsured Vehicle

Res Ipsa Loquitur Not Apply for Negligence Claim Due to Injury from Eating Dessert from Fast Food Restaurant

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