A Capehart Scatchard Blog

Archive for November, 2015

Employer May Sue for Disgorgement of Employee’s Compensation Due to Breach of Duty of Loyalty Despite Lack of Economic Loss

By on November 20, 2015 in Blog, NJ Litigation with 0 Comments

A dispute arose between plaintiff Bruce Kaye and defendant Alan Rosefielde, an attorney Kaye initially retained as outside counsel and later employed directly. For 2 years, Rosefielde served as COO of some of Kaye’s timeshare businesses and as to those entities General Counsel. During this time period, Rosefielde committed serious misconduct by acting on his […]

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Based Upon Indemnification Agreement Between Defendant Contractor and Employer, Jury Should Have Been Allowed to Allocate Negligence Against Employer

By on November 13, 2015 in Blog, NJ Litigation with 0 Comments

The exclusive remedy provision of the Workers Compensation Act, N.J.S.A. 34:15-8, bars the employee from suing his or her employee for a workplace bodily injury based upon negligence. However, this provision does not preclude an employer from agreeing to contractually indemnify a third party for its negligence. Under those circumstances, an employer could be liable […]

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Subpoena Rule Change Simplifies Process to Issue NJ Subpoena for Out-of-State Case

By on November 6, 2015 in Blog, NJ Litigation with 1 Comment

It is not well known, but New Jersey changed its rules of civil procedure, as of September 1, 2014, making it easier for out-of-state attorneys to serve subpoenas in New Jersey for an out-of-state case without having to retain NJ counsel. Previously, an out-of-state attorney would have to retain a NJ attorney, have them file […]

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