Duty of Care

Plaintiff, Frances Green (“Green”), sued Monmouth University for injuries she allegedly suffered while attending a Martina McBride concert that was held at the University but was open to the public.  In the published Supreme Court decision of Green v. Monmouth University, 237 N.J. 516 (2019), the issue was whether the defendant University was immune from […]

In the published decision of Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397, as subrogee of Laura Lindsey v. Public Service Electric & Gas, 2019 N.J. Super. LEXIS 88 (App. Div. June 17, 2019), the Appellate Division decided whether homeowners who were displaced due to a fire caused by Public Service Electric & Gas were […]

The answer is “Valid,” thanks to the efforts of Capehart Scatchard shareholder Laura D. Ruccolo, Esq. who won a landmark decision on June 5, 2019, which will impact business entities in New Jersey for many years to come. Who Decides Whether an Arbitration Clause in a Commercial Contract is Valid?   “The arbitrator,” said the New Jersey […]

The plaintiff Terry Peifer was walking her dog when she tripped and fell on the sidewalk bordering the front yard of the home owned by defendant Clarence Mesday.  Plaintiff claims to have fallen on a raised sidewalk.  The issue in Peifer v. Mesday, 2019 N.J. Super. Unpub. LEXIS 990 (App. Div. May 1, 2019) was […]

The plaintiff, Frank Campbell was involved in an automobile accident with a vehicle operated by Joyce Roberts.  Plaintiff claimed that Roberts negligently operated her vehicle and that her negligence was a proximate cause of his accident and his injuries. Plaintiff filed an Underinsured Motorist claim with his insurance company, Allstate Insurance Co. as a result […]