Amended NJLAD Offers Greater Protections to Older Workers
On October 5, 2021, Governor Phil Murphy signed a new law that greatly expands the protections afforded to older workers under the New Jersey Law Against Discrimination (“NJLAD”) These Amendments took effect immediately, meaning older workers are now already afforded these enhanced pr...
United States Supreme Court Reaffirms the Defense of Qualified Immunity as Applied in Constitutional Excessive Force Cases
The United States Supreme Court has taken two opportunities to reaffirm the use of the defense of qualified immunity as applied to police officers who have been sued for civil rights violations pursuant to 42 U.S.C. § 1983. On October 18, 2021, the Court rendered decisions in City of...
Neither Wawa, Nor The State Held Liable For Accidents That Occurred Due To Drivers Making An Illegal Left Turn Into A Wawa Driveway
In a published decision, the Appellate Division considered appeals from two cases involving motor vehicle accidents that occurred about one year apart at about the same location under similar circumstances. In both cases, a driver traveling westbound on Route 322 in Folsom, New Jerse...
Biden’s Vaccination Mandate
In my practice, I am already receiving multiple questions about President Biden’s September 9, 2021 directive requiring that companies with 100 or more employees mandate vaccinations for all work staff or alternatively conduct weekly COVID-19 testing. Many of my employer clients want...
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...
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.