Plaintiff’s Failure To Serve Public Entity At Correct Place Of Business With Timely Notice Of Tort Claim Bars Plaintiff’s Personal Injury Claim
The plaintiff Lyndsey Patton was walking in or near the intersection of Union Avenue and West Side Avenue in Jersey City when she was struck by a vehicle owned by defendant Jersey City Municipal Utilities Authority (“JCMUA”). The accident occurred on June 30, 2019. On or about Septe...
The Legality of COVID-19 Employee Vaccinations Mandates
With the Pfizer COVID-19 Vaccine recently receiving full Food and Drug Administration (“FDA”) approval, the question on many employer’s minds is whether legally employers can now mandate employee vaccinations for COVID-19 as a condition of employment. Even before this recent approval...
Highlights of New Jersey Rules and Regulations Relating to Adult-Use Cannabis
By: Sheila M. Mints, Esq. and Alana M. Hans-Cohen, Esq. Yesterday, the Cannabis Regulatory Commission issued long-awaited initial regulations on legalization of adult use cannabis in New Jersey. Here are some of the highlights of the application process: The applic...
New Jersey Supreme Court Holds that Multiple Documents Cannot be Used to Establish Compliance with the Notice Requirements of the Tort Claims Act
By: Sean P. Dugan, Law Clerk On June 13, 2017, Plaintiff H.C. Equities served the County of Union and Union County Improvement Authority a “Notice of Tort Claim” for “damages arising from tortious interference with contract … conspiracy, defamation and trade libel.” The claim arose...
Plaintiff Quadriplegic Found To Have Sufficient Basis To Justify Filing Of Late Notice Of Tort Claim Against Public Entity
On April 9, 2017, plaintiff Jonathan Jeffrey was involved in a one vehicle motorcycle accident, resulting in complete quadriplegia. Approximately six months after the accident, he consulted counsel, at which point, he learned that his injuries may have been caused or significantly ag...
Employee Disclosure of COVID-19 Vaccinations
With more and more businesses taking the first steps to reopen as the pandemic begins to wane, I have been getting this question from more and more of my clients: Can we ask our employees to provide proof that they have been vaccinated against COVID-19? The answer is that an employer...
Under New Jersey Law, City Has No Liability For Plaintiff’s Injury Due To Fall On Snow In Street
In March 2015, plaintiff Donell Prince left his rooming house where he lived and noticed that there was snow on the common walkways of the rooming house property and the adjoining public sidewalks. Plaintiff decided to walk in the street because snow had been plowed from the street i...
New Jersey Issues Employer Vaccine Guidelines
With the increased availability of COVID-19 vaccines in New Jersey, the state Department of Health (“DOH”) recently issued Guidelines allowing employers to mandate COVID-19 vaccinations for its employees. Nonetheless, even in the face of such state Guidelines, employers should still p...
LAD Arbitration Limitation Struck Down By Federal Court
In 2019, when the New Jersey Law Against Discrimination (“LAD”) was amended at the height of the “Me Too” movement, one change made was adding a provision that precluded an employer from requiring an employee to waive their right under the LAD to a jury trial. Most employment law pra...
Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park
Plaintiff Suzanne Pagonis tripped and fell while walking across a grassy field at the Crestwood Lake Club, which was a recreational lake swimming complex owned by defendant Borough of Allendale and encompassed a municipal park, Crestwood Park. Her daughter had participated earlier in...
Legal Marijuana and New Jersey Employee Rights
On February 22, 2021, Governor Murphy finally signed three bills into law that effectively lay the ground work for legalized use of recreational marijuana in New Jersey. While it could be some time before widespread legalized marijuana is available for purchase as the state establish...
Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim
Plaintiff Eartha Butler claims that, on March 18, 2018, she suffered injuries after tripping and falling on a sidewalk adjacent to the defendant Badr’s Jersey City private school (“Badr”). Badr was unaware of plaintiff’s claim until seven months after the accident. At that time, it...
New Jersey Workers' Compensation Manual
John H. Geaney, Esq. publishes a yearly manual aimed on providing practitioners, adjusters and employers with key information on Workers’ Compensation in the State of New Jersey.