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Hoagland Longo Law Resource Blog

Watch Your Step! Elevator Accidents Require Prior Notice of their Dangerous Conditions.

April 19, 2017

Elevators are a common source of liability for commercial properties and the parties who own, operate and maintain those properties. The failure to properly inspect and care for elevators can lead to liability for all those involved with their use. The liability analysis imposed by our courts is fact sensitive. General legal principals of premise liability apply requiring a demonstration of actual or constructive notice of the dangerous condition to impose liability. ...read more

Author: Joseph Leone | Practice Area: Premises Liability

Recent New York Appellate Decision Sets Higher Bar for Proof in Asbestos Cases

April 17, 2017

The decision made in an automotive brake dust matter should have a broader applicability in future asbestos litigation and will set a higher bar of proof for plaintiffs. ...read more

Author: Jessica Saad | Practice Area: Environmental & Toxic Tort

Digital Discrimination: How Online Job Applications May Subject Employers to Legal Action

April 03, 2017

The job market and application process are increasingly being driven by digital job platforms such as Monster, Indeed, and CareerBuilder, in addition to employers’ own company websites. While perhaps increasing efficiency, these online application platforms also raise unique legal considerations which may potentially increase employers’ exposure to claims of unlawful discrimination. ...read more

Author: Salvatore Mautone | Practice Area: Labor & Employment Law

The Economic Loss Doctrine (ELD) can bar negligence claims in construction matters, but what about Fraud?

March 31, 2017

Ted Hubert IV explains where ELD is applied and why, but also addresses where ELD’s stand when it comes to fraud claims which are fairly common in construction and other commercial litigation settings. ...read more

Author: Thaddeus Hubert, IV | Practice Area: Construction Law

You’re Divorced. Now What?

March 28, 2017

Even after you take care of all of the typical post-judgment items from your divorce, you still may be forgetting some things that require urgent attention ..... ...read more

Author: Andrea Mackaronis | Practice Area: Family Law

The SECOND Good Reason for Mediation: It Saves Time & Money

March 24, 2017

In the second installment of articles geared towards informing people of the benefits of mediation, Hon. Bradley J. Ferencz, JSC (ret.) addresses another good reason - it saves time and money. ...read more

Author: Bradley Ferencz | Practice Area: Mediation and Alternative Dispute Resolution

NOW IN EFFECT IN NJ - Automatic Child Support Termination!

March 17, 2017

For years, many clients have been perplexed why they are required to pay child support for their “adult” children. Fortunately for those child support payors, this scenario has become a thing of the past since the governor signed A-2127/S-1046 into law on January 19, 2016. ...read more

Author: Andrea Mackaronis | Practice Area: Family Law

Arlene Fricke Celebrates 50 years!

March 01, 2017

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Author: | Practice Area:

Before You Get Behind the Wheel for Uber or Lyft, Give Your Car Insurance Policy Another Glance.

February 28, 2017

On February 10, 2017, New Jersey Governor Chris Christie signed legislation giving ride-sharing companies the green light to conduct business in the Garden State. However, most personal insurance policies exclude coverage for commercial activities, like driving for profit. ...read more

Author: Joseph Morgese | Practice Area: Automobile Liability

How Recent Remittitur Decisions Affect an Asbestos Defendant’s Damages Analysis in New York Litigation.

February 21, 2017

In several recent decisions, the New York Appellate Division, First Department provided guidance as to how appellate courts may treat remitted verdicts in asbestos cases moving forward. ...read more

Author: Elizabeth Lautenbach | Practice Area: Environmental & Toxic Tort

You Finally Decided Upon Divorce. Could a Collaborative Approach Work Best for You?

February 10, 2017

We are in the midst of what some family attorneys refer to as “divorce season,” which marks a spike in divorce filings in the couple of months following the holidays. Divorce is often portrayed in the media as a melodramatic and scary experience. While divorce is a significant legal event, it does not necessarily have to be overemotional and daunting. Collaborative divorce is an approach that gives ...read more

Author: Sarah Buckley | Practice Area: Family Law

The FIRST Good Reason for Mediation: Certainty

February 08, 2017

In the first blog issue of many, Hon. Bradley J. Ferencz, JSC (ret.) aims to inform people of all the benefits to mediation. ...read more

Author: Bradley Ferencz | Practice Area: Mediation and Alternative Dispute Resolution

Rooted in Precedent and Simultaneously Unprecedented: President Trump’s Executive Action on Immigration

January 30, 2017

In an informative blog article on the recent updates to Immigration under the Trump Administration, Julio Navarro with our Immigration Department notes the instances in which section 1182(f) of the INA of 1952 was invoked to bar a certain class of persons from entering the country. Within the context of this statute, Mr. Navarro demonstrates that while President Trump’s order is rooted in precedent, it is simultaneously unprecedented. ...read more

Author: Julio Navarro | Practice Area: Immigration Law

Avoiding the “Slippery” Slope: Supermarket Slips and Falls & The “Mode of Operation” Doctrine.

January 23, 2017

Appellate Division affirms summary judgment in supermarket slip and fall where Plaintiff failed to establish premises liability by “mode of operation”. ...read more

Author: Joseph Leone | Practice Area: General Liability

Roberts, Neumann and the Broad Scope of the New Jersey Charitable Immunity Act.

January 16, 2017

Every organization, whether a “non-profit” or “for profit”, is open to liability on any number of acts or omissions. However, where a for profit can pass these costs on to consumers, non-profits of all types often cannot. This means non-profits are forced to divert the limited funds they have away from their mission and into the pockets of insurers. A clear trend in the decisions of New Jersey’s Courts has developed in an attempt to remedy this harsh reality. ...read more

Author: Joseph Fuirita | Practice Area: General Liability

Pre-Existing Conditions: Burden Shifting and the Apportionment of Damages

December 31, 2016

In some medical malpractice matters, there appears to be a great deal of confusion amongst jurors in understanding when and how the burden of proof shifts in cases concerning pre-existing conditions and diseases. Here is a blog article, written by Sharon Flynn with our Health Care Law Group, on what the plaintiff's burden of proof is and when that shifts to the defense. ...read more

Author: Sharon Flynn | Practice Area: Health Care Law

Tis the Season – To Avoid Religious Discrimination and Harassment in the Office

December 16, 2016

During the Holiday Season, with decorations, events, and parties being omnipresent, it is easy to see how employers may be faced with a situation where an employee may feel discriminated against or harassed based on their religion or where there are issues with an employee’s religious expression or desire to opt out of holiday festivities. To that end, employers can protect themselves by following a few general guidelines. ...read more

Author: Timothy Koch | Practice Area: Labor & Employment Law

AVVO’s “Fixed Fee Limited Scope” Platform Presents Ethical Violations

December 12, 2016

AVVO, a for-profit website which connects clients with attorneys, has been under scrutiny by state bar associations’ ethics boards for a service they provide – “Fixed Fee Limited Scope (FFLS)” – that allows clients to obtain “limited scope” legal representation at a fixed-fee set by AVVO. The platform raises some serious issues, but the primary ethical concern surrounds fee-sharing with non-lawyers. The prohibition against such agreements has been a constant in the legal world, but in an ever ...read more

Author: Samantha Catanese, Joseph Leone | Practice Area: Legal Malpractice Defense

Self-Driving Cars: What Do They Mean for the Automobile Insurance Industry?

December 05, 2016

With advancements in the automobile industry, like self-driving, or even semi-autonomous cars from companies like Telsa, Apple, and Google, many questions arise, including what happens when an injured driver pursues a claim against another for alleged negligence. New Jersey and a number of other states are ahead of the curve with their adoption of a system of laws commonly known as Personal Injury Protection (“PIP”) or simply “no-fault insurance". ...read more

Author: Shannon Dobel | Practice Area: Automobile Liability

No “Fraud” Required for Consumer Fraud Act Violations

November 21, 2016

Nearly every lawsuit against a contractor includes claim of Consumer Fraud Act violations, but although the Act punishes the typical fraudulent behavior such as “bait and switch” of materials, most contractors fall victim to the minor, technical violations. To make matters worse, these allegations are generally not covered by insurance. ...read more

Author: Edward Ryan | Practice Area: General Liability

Let’s Be Clear: The Importance of Language in Mandatory Arbitration Clauses

November 18, 2016

Arbitration, a widely known and used alternative dispute resolution (ADR) process, is often favored by parties who are seeking to avoid traditional litigation in New Jersey’s court system, and the Court has held arbitration clauses to a high standard. However, the Court has also made it clear that if mandatory arbitration clauses do not clearly advise parties that they are waiving their right to a trial by jury, those clauses will be held unenforceable. ...read more

Author: Nicole Tracy | Practice Area: Commercial Litigation

How Are You Impacted by the Amended Alimony Statute in Terms of Cohabitation?

November 08, 2016

The amended alimony statute, N.J.S.A. 2A:34-23, was enacted on September 10, 2014, and we are now starting to see cases come down the appellate pipeline that give some guidance to the lower courts with respect to how the amended statute is to be interpreted. This blog article speaks to the recent unpublished case Robitzski v. Robitzski which addresses cohabitation. ...read more

Author: Jessica Mazur | Practice Area: Family Law

A Poor Attitude Can Find an Employer at the “Core” of an Employee’s Sexual Harassment Claim

October 31, 2016

The New Jersey Supreme Court recently overturned a decision of a lower Court that prevented testimony alleging a Mayor ordered an after-the-fact cover-up of sexual harassment in a city employee’s suit alleging discrimination. In doing so, the Court may have signaled its approval of an expanded scope of analysis to allow examination of an employer’s corporate attitude and culture before allowing defenses based on the creation and enforcement of anti-discrimination policies. ...read more

Author: Aron Mandel | Practice Area: Labor & Employment Law

Sane Enough To Decide Whether You Are Insane?

October 10, 2016

New Jersey Supreme Court holds that once declared competent to stand trial, a defendant must decide whether to assert an insanity defense. ...read more

Author: Andrew Obergfell, William McGuinn | Practice Area: Criminal Defense

Another Tale of the Significant Role of Science in the Expanding Frontier of Environmental Law

September 27, 2016

Informative blog on the toxic tort cases, Carl v. Johnson & Johnson and Balderrama v. Johnson & Johnson, and how the trial court took a stricter approach to the science behind the experts’ opinions to find that they were not adequately supported. ...read more

Author: Amie Kalac | Practice Area: Environmental & Toxic Tort, Asbestos, National Counsel, Litigation & Compliance / Enforcement, Toxic Torts

Thousands of New Jersey DWI Convictions Could Be Tainted – Is Yours One of Them?

September 21, 2016

On September 20, 2016, Sergeant Marc Dennis, a former coordinator with the State Police Alcohol Drug Testing Unit, was charged in relation to his role in to the recalibration of breathalyzers. The New Jersey Division of Criminal Justice has advised court administrators that over 20,000 Driving While Intoxicated (DWI) cases could be subject to challenge. ...read more

Author: Joseph Leone, William McGuinn | Practice Area: Criminal Defense

Is Savings a Component of the Marital Lifestyle That Should Be Protected in an Alimony Award?

September 19, 2016

There has been a long running dispute in matrimonial circles about whether marital savings is a component of the marital lifestyle. The Appellate Division took twenty-one (21) pages to confirm and forty-five (45) years to answer, yes, savings is a component that should be protected in an alimony award. ...read more

Author: Brian McFadden-DiNicola | Practice Area: Family Law

Sleeping it Off – Can You Be Convicted of DWI for Sleeping in Your Car?

August 30, 2016

Very often the question arises, can I be convicted of Driving While Intoxicated (DWI) if I decide to “sleep it off” before driving. The answer is complicated. However, the law in New Jersey tends to favor the arguably responsible action of waiting to sober up before driving. ...read more

Author: William McGuinn | Practice Area: Criminal Defense

Scope of Potential Liability Expanded in NY for Manufacturers with Third-Party Asbestos Components

August 16, 2016

A long-awaited decision recently handed down by the New York Court of Appeals expanded the scope of potential liability of manufacturers whose products utilized asbestos components designed and produced by another company. ...read more

Author: James Goodloe II | Practice Area: Environmental & Toxic Tort, Asbestos, Litigation & Compliance / Enforcement, National Counsel, Toxic Torts

Snapchat and Pokemon Go: Taking Distracted Driving to a New Level

August 09, 2016

The introduction of smart phones brought distracted driving to an unprecedented level with texting, emails, tweeting, posting, and booking dinner reservations with the tap of a screen. Now, with the soar in popularity of apps like Snapchat and Pokemon Go, it’s arguable that driving just got a lot more dangerous. ...read more

Author: Kathryn Suchman | Practice Area: Automobile Liability, General Liability

NJ's Deemer Statute: How it Can Affect a Visiting PA Resident’s Right to Sue

July 14, 2016

While a Pennsylvania resident may be paying higher insurance premiums to avoid the restrictions imposed by the “limited tort” option in their home state, a trip to New Jersey may significantly alter their coverage by operation of the Deemer Statute. ...read more

Author: Malcolm McPherson | Practice Area: Automobile Liability, General Liability

Why Client Communication Should be a Standard Practice

July 07, 2016

According to the New Jersey Rules of Professional Conduct, “a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.” RPC 1.4(b). Not only is regular communication with the client mandatory, but it is also just good practice. ...read more

Author: Joseph Petrillo | Practice Area: Construction Law, Administrative & Regulatory Violations, Construction Defect, Architects & Engineers, Construction Delay Claims, Construction Site Accidents, Consumer Fraud, Design & Software Copyright, Design Defects/Errors & Omissions, Environmental & Toxic Mold, Indemnification & Coverage, Public Bidding & Bid Protests, Pre-Claim Assistance, Risk Management, School Construction

Will the New Jersey Supreme Court’s elimination of an employment contract provision lead to the same in other types of contracts?

June 27, 2016

Rodriguez v. Raymours Furniture Co. Inc.: Will the New Jersey Supreme Court’s elimination of an employment contract provision reducing the 2-year statute of limitations in contracts to 6 months lead to an elimination of provisions in other types of contracts? ...read more

Author: Frank Caruso | Practice Area: Automobile Liability, General Liability, Insurance Coverage & Bad Faith Litigation, Construction Site Accidents, Indemnification & Coverage

Is Talc the New Cigarette? The Rise of Cosmetic Talc Litigation

June 20, 2016

Over the last few years, the traditional asbestos litigation landscape has begun to change, with an influx of cases now focusing on the potential threat of cancer from the use of talcum powder products. ...read more

Author: Jillian Madison | Practice Area: Environmental & Toxic Tort, Asbestos, Litigation & Compliance / Enforcement, National Counsel, Toxic Torts

Criminal Trial vs. Deportation Proceedings: What Sets Them Apart?

June 02, 2016

Criminal Trial vs. Deportation Proceedings: What Sets Them Apart? ...read more

Author: Julio Navarro | Practice Area: Immigration Law

U.S. Immigration Officials are Planning a New Round of Raids.

May 18, 2016

According to a recent Reuters report, officials are targeting “hundreds of Central American mothers and children found to have entered the country illegally.” ...read more

Author: Julio Navarro | Practice Area: Immigration Law

Work Visas: Why a Dual Intent Visa May Be Better For Your Company.

April 29, 2016

Most foreign citizens who want to live permanently in the United States obtain immigrant visas. There are family based immigrant visas, employment based immigrant visas, special immigrant based visas, and diversity based immigrant visas. However, another way for foreign citizens to gain permanent residence in the United States is through a dual intent non-immigrant visa. ...read more

Author: Jason Gosnell | Practice Area: Immigration Law, Environmental & Toxic Tort, Litigation & Compliance / Enforcement, Appellate Practice, Corporate Law & Transactions

Time Is On Whose Side? What Happens After FMLA Leave Has Been Exhausted?

December 17, 2015

As the saying goes, “Showing up is half the battle.” In the employment context, showing up to work is actually considered an “essential job function” and may be critical for continued employment. ...read more

Author: Jennifer Passannante | Practice Area: Labor & Employment Law, Family Leave, Policies & Procedures

His Ex-Wife Will Not Allow His Girlfriend Near His Kids

November 20, 2015

When should a divorce agreement have restrictions on parties having an overnight with a significant other during their parenting time? Judge Jones takes up the mantle of clarifying the appropriate circumstances for DeVita restraints in his recent published decision. ...read more

Author: Jessica Mazur | Practice Area: Family Law, Alimony, Spousal Support, and Separate Maintenance, Child Custody & Parenting Time

Beyond the Four Walls: When Internet Harassment Impacts the Workplace

November 12, 2015

Co-workers are increasingly chitchatting and swapping information well beyond the classic meeting place: the office water cooler. With LinkedIn, Google+, Facebook, Twitter, Instagram, and Snapchat, among a host of other social media platforms, employees are certainly well-connected. ...read more

Author: Jennifer Passannante | Practice Area: Labor & Employment Law, Harassment in the Workplace

Why Prenuptial (and Premarital and Antenuptial) Agreements are for EVERYONE [1]

November 05, 2015

I have had a lot of friends and acquaintances over the years who discuss prenuptial agreements as if they are offensive. These naysayers do not dare broach the subject with their significant other because they think that it would be rude, or that it implies that there is no trust in the longevity of the relationship. Why on earth would you be uncomfortable discussing ANYTHING with your soon-to-be spouse? ...read more

Author: Andrea Mackaronis | Practice Area: Family Law, Pre-nuptial Agreements

Tips for Hurricane Joaquin Preparedness - Do You Have Flood Insurance?

October 01, 2015

Although the forecast models are still unsure whether Hurricane Joaquin will make a direct hit on our area, it appears certain there will be heavy rainfall causing a significant impact. Did you know that in New Jersey all homeowner’s insurance policies exclude water damage caused by flooding? ...read more

Author: Juliann Alicino | Practice Area: General Liability, Insurance Coverage & Bad Faith Litigation

I’ve Been Sued For a Car Accident. What Do I Do?

September 28, 2015

Many times, accidents are just that—accidents. But you may find yourself in the situation where you’re being sued by another person for injuries they claim you caused. It’s not a situation many would choose to be in. However, there are steps that you can take early on in order to make the process a little smoother. ...read more

Author: Kathryn Suchman | Practice Area: Automobile Liability

How To Win Your Divorce in 3 Easy Steps

September 22, 2015

Well, not exactly. There is really no such thing as winning or losing in a divorce case - and if anything, both parties lose, because a marriage and family are often falling apart. The real goal of a divorce, in my opinion, is to mitigate damage and stop the bleeding. I am referring to the damage that befalls your children and the wasting of marital assets due to protracted litigation. ...read more

Author: Andrea Mackaronis | Practice Area: Family Law

Implications of Oh v. Kang

September 14, 2015

Oh v. Kang was an unpublished decision of our Appellate Division issued on March 12, 2015. The matter before the Court seemed relatively straightforward – whether the trial Court’s dismissal of the dental malpractice complaint was appropriate under the Affidavit of Merit Statute N.J.S.A. 2A:53A-27. ...read more

Author: Joseph Petrillo | Practice Area: Construction Law, Architects & Engineers, Administrative & Regulatory Violations

A Police Officer Must Give You the Opportunity to Produce Your Credentials

September 10, 2015

The New Jersey Supreme Court recently considered the circumstances under which a law enforcement officer may legally obtain a driver’s registration and insurance information without requesting permission or allowing the driver the opportunity to retrieve themselves in the case of State v. Keaton. The facts surrounding this decision involve the actions of a New Jersey State Trooper who responded to a one vehicle accident on I-295. When he arrived, he found a black sedan overturned in the medi ...read more

Author: William McGuinn | Practice Area: Criminal Defense

What Kind of Car Insurance Should I Have?

September 03, 2015

You have seen the commercials advertising savings and low rates, but do you know the kind of coverage you really should have? The least expensive option may save you a few dollars every month, but that minimum coverage may not fully protect you—or your assets—if you’re at fault for causing an accident. When choosing your auto insurance, take a look beyond the monthly premium and you can better protect yourself for the long-run. ...read more

Author: Kathryn Suchman | Practice Area: Automobile Liability