A Capehart Scatchard Blog

Archive for November, 2020

Jury Trials Again Suspended in New Jersey

By on November 20, 2020 in NJ Litigation, Other with 0 Comments

Not surprisingly, due to the COVID-19 surge of cases, the New Jersey Supreme Court has once again suspended jury trials. They had resumed earlier in the fall on a limited basis as a hybrid with virtual jury selection and socially distanced trials. However, with this second wave of new COVID-19 cases, the Court deemed it […]

Share

Continue Reading »

Lost Profits Claim Barred Under New Business Rule

By on November 13, 2020 in Claims, NJ Litigation with 0 Comments

In the legal malpractice case, Schwartz v. Menas, 2020 N.J. Super. Unpub. LEXIS 2104 (App. Div. Nov. 6, 2020), the Appellate Division was faced with an appeal over whether the trial court properly barred plaintiffs’ expert reports supporting claims for lost profits as too speculative under the “new business rule.” Plaintiff Larry Schwartz and his […]

Share

Continue Reading »

No Coverage for Personal Injury Under Loading and Unloading Coverage in Auto Policy When Accident had no Substantial Nexus with Use of Truck

By on November 6, 2020 in Coverage, NJ Litigation with 0 Comments

Craig Crumley, an employee of Thomas Lindstrom Steel ­& Company (“Lindstrom”), a subcontractor of Plaintiff D’Andrea Construction Company (“D’Angelo”), was injured on a job site while assisting in the retrieval of two old welding machines in helping other employees in the loading and unloading of the new welders. The issue in D’Andrea Construction Co. v. […]

Share

Continue Reading »

Top