A Capehart Scatchard Blog

Other

New Jersey Jury Trials to Resume on Limited Basis

By on August 7, 2020 in Other with 0 Comments

Beginning in mid-September, New Jersey will resume jury trials on a limited basis. Three counties have been chosen to start the resumption of trials – Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem vicinages. The plan is to start with criminal trials and then expand to other counties and both criminal and civil trials. The plan is to […]

Share

Continue Reading »

New Jersey State Courts Gradually Reopening

By on June 12, 2020 in Other with 0 Comments

The New Jersey Supreme Court has approved the first part of the New Jersey Courts Post Pandemic Plan for transitioning from fully remote court operations (Phase 1) to the gradual return to courthouse and court facilities (Phase 2). The courts will begin the implementation of Phase 2 starting on June 22, 2020. Up until June […]

Share

Continue Reading »

Update on NJ Court Proceedings from Supreme Court Due to COVID-19 Pandemic

By on March 30, 2020 in Other with 0 Comments

On Friday, March 27, 2020, the New Jersey Supreme Court issued an omnibus order addressing the suspension of court proceedings, extension of deadlines and tolling time periods. The Court had been issuing almost daily orders but this order addressed the extension of those time periods based upon the current restrictions on movement and activity recommended […]

Share

Continue Reading »

Update On Arbitration Hearings In New Jersey State Court

By on March 20, 2020 in Other with 0 Comments

My blog yesterday reported that it was unclear how the New Jersey state court would handle arbitration hearings. We received a notice from the court this afternoon that all arbitrations were cancelled until April 10, 2020. They will be rescheduled. However, civil arbitrations will resume as of April 13, 2020 with participation to be either […]

Share

Continue Reading »

Coronavirus Continues To Disrupt Court Proceedings

By on March 19, 2020 in Other with 0 Comments

Due to the coronavirus pandemic, all New Jersey state court trials remain on hiatus. All are cancelled until further notice, except for ongoing trials. By order of the Chief Justice, all discovery deadlines are relaxed to permit the extension of discovery deadlines. For computation of the statute of limitations, March 16, 2020 to March 27, […]

Share

Continue Reading »

New Jersey Suspends All Jury Trials in Response to Coronavirus

By on March 13, 2020 in Other with 0 Comments

While I typically report on recent cases, I wanted to inform all clients that, as of March 12, 2020, Chief Justice Rabner announced that New Jersey state courts will suspend all new jury trials until further notice to help minimize community exposure to the coronavirus. Jury trials already in progress will continue. As for nonjury […]

Share

Continue Reading »

Does New Jersey Permit Recording of Defense IME’s?

By on April 18, 2019 in Other with 0 Comments

Under New Jersey Court rules, when a plaintiff has made a claim for personal injuries, the adverse party may require that the plaintiff submit to a physical or mental examination pursuant to R. 4:19.  The issue sometimes arises as to whether the defense medical examination may be recorded or attended by a representative of the […]

Share

Continue Reading »

The Storm in Progress Exception to a Commercial Landowner’s Responsibility to Keep Its Premises in a Safe Condition

By on September 13, 2018 in Other with 0 Comments

By:  Betsy G. Ramos, Esq and Kristen Mowery A landowner holds the general duty to keep its premises reasonably clear of hazards “for the benefit of business invitees . . . includ[ing] keeping the premises reasonably safe from natural accumulations of ice and snow.” Laine v. Speedway, LLC, 177 A.3d 1227, 1229 (Del. 2018). However, […]

Share

Continue Reading »

Medical Examiner’s Report Deemed Inadmissible in Wrongful Death Case

By on June 29, 2018 in Other with 0 Comments

Plaintiff William Quail, as administrator for the Estate of Mary Quail, filed a wrongful death suit and survival action based upon his wife’s death that he claims was caused by an incident in a supermarket. The issue in Quail v. Shop-Rite Supermarkets, Inc., 2018 N.J. Super. LEXIS 86 (App. Div. June 4, 2018) was whether […]

Share

Continue Reading »

New Jersey Appellate Court Refuses to Recognize Tort Claim for Negligent Misidentification of Suspect

By on April 13, 2018 in Other with 0 Comments

Plaintiff Dwight Morris was at his bank to make a withdrawal when the male in front of him handed the teller a robbery note. The teller handed the robber a stack of bills and the robber then left the bank. The teller called 9-1-1 and, when the police came, the plaintiff claims that they questioned […]

Share

Continue Reading »

Top