A Capehart Scatchard Blog

Charles F. Holmgren

Charles F. Holmgren, Esq. is a Shareholder in Capehart Scatchard's Litigation Department, focusing his practice in general defense litigation throughout the federal and state courts of New Jersey and Pennsylvania, with a concentration on tort defense, premises liability, products liability, individual liability, New Jersey Tort Claims Act defense, motor vehicle accidents (UIM/bad faith), construction, estates, employment and professional malpractice. His clients include insurance companies, large and small business owners, municipalities, governmental entities and manufacturers. He has tried and argued cases at many levels within New Jersey and Pennsylvania courts from municipal courts and arbitration through appellate courts.

Plaintiff, as Trespasser to Property, Owed Minimal Duty of Care by Landowner

By on August 10, 2018 in Liability, NJ Litigation with 0 Comments

The plaintiff injured himself when he tripped on an uncovered sewer drain in the parking lot of a doctor’s office across the street from his house. The plaintiff sued the owner of the property for his injuries, claiming the owner was negligent in failing to maintain the cover of the drain. The issue in Pisano […]

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Common Law Dog Bite Liability Can Reach Beyond the Dog Owner to A “Keeper”

By on January 12, 2018 in Liability, NJ Litigation with 0 Comments

Plaintiff Jeanette Carabello and her husband went outside one winter morning to shovel snow. As she was shoveling, a dog owned by their neighbor’s grandson and residing at their neighbor’s home, ran up to her and bit her on the leg. Rather than suing the grandson, the owner of the dog, the plaintiff sued the […]

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The Special Employer Rule May Bar Civil Lawsuits by Temporary Employees for Injuries Sustained on the Temporary Jobs

While it is well settled that the Workers’ Compensation Act bars employees from recovering in a civil suit against their employers for injuries sustained on the job, it is not as well known that a second employer, a “special employer,” may also find protection against suits from their “special employees” through the application of the […]

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Insurer Liable to Innocent Third Party on a Basic Insurance Policy Rescinded Due to Fraud, But Only to the Extent of the Minimum Agreed Upon Policy Limits

By on August 28, 2015 in Blog, NJ Litigation with 0 Comments

This week’s article was written by my Litigation Department associate Charles F. Holmgren, Esq. While an insurance company may appear to be in the clear when it has successfully rescinded an insurance policy as a result of the insured’s fraud, it may still be liable to an innocent third party under that same policy. As […]

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Presumed Damages in a Defamation Suit Are Unavailable if Actual Damages Are Ascertainable

By on July 17, 2015 in Blog, NJ Litigation with 0 Comments

This week’s article was written by my Litigation Department associate, Charles F. Holmgren, Esq. Defendant BackTrack Reports, Inc.’s business is to produce background research reports pertaining to the financial industry that provide its clients information on potential investment opportunities. In one such report, a report it drafted on Plaintiff NuWave Investment Corp., BackTrack published statements […]

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Counsel Fee Award Denied When not Preserved in High-Low Agreement

By on May 15, 2015 in Blog, NJ Litigation with 1 Comment

Babysitter Carol Collins was pushing three-year old Kirsten Jennings in a shopping cart at a jogging pace when she fell, pulling the cart down and causing injuries to Kirsten. In Jennings v. Collins, No. A-0750-13 (N.J. App. Div. Mar. 30, 2015), Kirsten’s father, plaintiff Kevin Jennings, filed suit as his daughter’s guardian ad litem against […]

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Court Holds Improper to Cross-Examine a Witness on Police Report not Offered into Evidence

By on July 14, 2014 in Blog, NJ Litigation with 0 Comments

Attorneys have a full arsenal of strategies at their disposal in the course of cross-examining an opposing party or witness during a trial in order to undermine that person’s credibility in front of a jury. “Impeachment by omission” is one such strategy whereby the attorney will use a fact stated by the witness at trial […]

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