A Capehart Scatchard Blog

Why You Should Take an Offer of Judgment Seriously

By on March 6, 2014 in Blog with 0 Comments
Why You Should Take an Offer of Judgment Seriously

Typically, defendants ignore an offer of judgment filed by a plaintiff. The published Appellate Division decision in Feliciano v. Faldetta, 2014 N.J. Super. LEXIS (App. Div. 2014) should give defendants a reason to take these offers seriously. In Feliciano, a $15,000 offer of judgment, which was rejected, turned into a $109,185 judgment after attorneys fees, […]

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Frustration of Purpose Valid Defense in NJ Contract Action

By on February 26, 2014 in Blog with 0 Comments
Frustration of Purpose Valid Defense in NJ Contract Action

By: Betsy G. Ramos, Esq. The Doctrine of Frustration of Purpose is a valid defense in a breach of contract action. However, in JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Assoc., 2013 N.J. Super. LEXIS 88 (June 13, 2013 App. Div.), the Appellate Division held that this defense must be pled as […]

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Condo Association No Liability for Fall on Interior Sidewalk

By on February 18, 2014 in Blog with 0 Comments
Condo Association No Liability for Fall on Interior Sidewalk

With all the ice and snow this winter, condominium associations (and their insurers) that maintain interior sidewalks in their community will be breathing a sigh of relief that they have no liability for an injury from a fall on an icy patch on an interior sidewalk. In the unpublished Appellate Division decision, Qian v. Toll […]

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No Duty Owed by Private Utility to Remove Dead Tree

By on February 11, 2014 in Blog with 0 Comments
No Duty Owed by Private Utility to Remove Dead Tree

No Duty Owed by Private Utility Company to Remove Dead Tree in Right of Way to Prevent Accident The Plaintiffs in McGlynn v. State of New Jersey, no. L-2-06 (App. Div. Jan. 3, 2014) claimed that Jersey Central Power and Light Company (“JCP&L”) owed a duty of care to remove vegetation in its right of […]

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No NJ Jurisdiction Found for Illinois Employee

By on February 4, 2014 in Blog with 0 Comments
No NJ Jurisdiction Found for Illinois Employee

Illinois Based Employee of Computer Consulting Software Company Cannot be Sued in New Jersey Due to Lack of Jurisdiction Baanyan Software Services tried to sue its Illinois based employee in New Jersey for breach of contract. In Baanyan Software Services v. Kuncha, no. A-2058-12T3 (Dec. 19, 2013 App. Div.), the Appellate Division found that New […]

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