A Capehart Scatchard Blog

New Jersey Extends Duty of Care Owed by Employer to Cohabitant of Employee for Exposure to Toxic Substance

By on July 21, 2016 in Coverage, Duty of Care, Liability with 0 Comments

The New Jersey Supreme Court previously recognized that an employer, as a landowner, could be liable for injuries from an asbestos exposure suffered by the wife of a worker who laundered her husband’s soiled, asbestos exposed work clothes. (Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006)). In the recent case of Schwartz v. Accuratus Corp., 2016 […]

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Forum Selection Clause Requiring Litigation in Russia Upheld

Agreements often contain forum selection clauses whereby parties can agree on a forum where any disputes would be litigated. Absent certain exceptions, New Jersey courts will uphold a forum selection clause as valid and enforceable. In Ogorodnikov v. Dikker, 2016 N.J. Super. Unpub. LEXIS 1388 (App. Div. June 17, 2016), the Appellate Division upheld a […]

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Arbitration Clause Ruled Invalid in Educational Institute’s Enrollment Agreement

By on July 8, 2016 in Arbitration, Uncategorized with 0 Comments

An arbitration agreement can be enforceable in a consumer contract if it clearly and unambiguously explains that the consumer is giving up the right to pursue relief in a judicial forum. In the recent New Jersey Supreme Court case, Morgan v. Sanford Brown Institute, 2016 N.J. LEXIS 563 (2016), the Court considered the enforceability of […]

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NJ Court Finds that Expenses Paid Pursuant to Med Pay Coverage Are Subject to Collateral Source Rule and Are Not Recoverable in a Subsequent Subrogation Action

This Law Division case involved a novel question as to whether costs and expenses paid pursuant to an insured’s Extended Medical Expense Coverage (“Med-Pay”) are subject to the collateral source rule and, hence, not recoverable in a subsequent subrogation action. Although there is case law on whether Personal Injury Protection (“PIP”) benefits can be subrogated, […]

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Litigation Implications of the New “Defend Trade Secrets Act of 2016”

By on June 17, 2016 in Trade Secrets with 0 Comments

On May 11, 2016, Congress signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating the first private cause of action for civil trade secret misappropriation (theft or unauthorized use) under federal law.  Federal law already provided a private civil cause of action for 3 of the 4 forms of intellectual property: patent, […]

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Cumulative Trial Errors Merit New Trial to Defendants for $4.5 Million Jury Award in Automobile Accident Case

By on June 10, 2016 in Blog with 0 Comments

Plaintiff Sophia Torres (“Torres”) suffered injuries as a result of a motor vehicle accident with the garbage truck being driven by Defendant Javier Pabon (“Pabon”) for his employer, Defendant Suburban Disposal (“Suburban”). Torres was seriously injured in a rear-end collision between her car and the Suburban truck. She claims that, due to the negligent maintenance […]

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Neighbor Found Not Liable for Plaintiff’s Fall on Sidewalk Due to Snow and Ice

By on June 3, 2016 in Liability, Negligence with 0 Comments

Plaintiff Pietra Ilg sued her neighbors Tom and Patricia Meade for injuries she suffered when she fell on the sidewalk in front of their home. She slipped and fell on ice as she walked next door to defendants’ home. She was walking to their home to assist the parties’ children with a science project. In […]

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UIM Step-Down Provision in Auto Policy Not Triggered When Other Policy is a “Special Policy” Providing No UIM Coverage

By on May 27, 2016 in Coverage with 0 Comments

The Defendant Elmer McCray rear-ended Plaintiff Vanessa Rivera (“Rivera”) while she operated a vehicle owned by her mother, Janet Torres-White, who was insured by NJM. Rivera had her own insurance under a special policy issued by National Continental Insurance Company. Rivera settled her personal injury claim against McCray for his policy limits of $15,000. The […]

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Claim Based on Breach of Installment Contract Found to Accrue as of Date of Missed Payment

In a dispute against the executor of an estate, the two beneficiaries under the decedent’s will (Mark and Michael Balk) sued the executor (Mark Roseman) for breach of fiduciary duty and sought to remove him as executor. Ultimately, the parties reached an agreement, in which the executor Roseman agreed to execute a promissory note in […]

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Accident Caused by Rear-End Collision Does Not Automatically Establish Negligence of the Driver who Rear-Ended Other Vehicle

By on May 13, 2016 in Negligence with 0 Comments

Plaintiff, Marie Richardson, was injured while a passenger on a bus operated by her co-employee, Michelle Herbert (“Herbert”). As the bus approached a traffic light, it rear-ended the vehicle being driven by the defendant Helen Milling. A factual dispute existed as to the color of the traffic light at the intersection where the accident occurred […]

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