A Capehart Scatchard Blog

Archive for December, 2014

HIPAA Authorizations Now Required to be Served with Plaintiff’s Answers to Interrogatories

By on December 19, 2014 in Blog, NJ Litigation with 3 Comments

A recent New Jersey civil procedure rule amendment now requires that plaintiffs serve HIPAA authorizations along with their answers to interrogatories. Pursuant to R. 4:17-4, a plaintiff seeking damages for personal injuries shall serve contemporaneously with his or her answers to interrogatories, an executed form authorizing disclosure to the opposing party or parties, for purposes […]

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Charitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff

By on December 12, 2014 in Blog, NJ Litigation with 0 Comments
Charitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff

The law is well settled that a beneficiary of charitable works who is injured while attending an immunized event is barred from recovering for a bodily injury negligence claim against the charitable organization. However, what about when the “beneficiary” is dropped off at a church by her daughter to attend an event and the daughter […]

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Court Finds Homeowners May Be Covered for Collapsed Basement Wall Allegedly Caused by Hidden Decay

By on December 5, 2014 in Blog, NJ Litigation with 0 Comments

Plaintiffs Alexander and Moinica Bardis suffered a loss on December 26, 2009 when the right basement wall of their 20 year old single family home collapsed. They filed a property loss claim against their homeowner’s policy with Cumberland Insurance Group (“Cumberland”). After investigation, Cumberland determined that the loss was not the result of a peril […]

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