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

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.

Author: Sharon Flynn | Practice Area: Health Care Law

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

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.

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

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

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

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

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

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".

Author: Shannon Dobel | Practice Area: Automobile Liability

No “Fraud” Required for Consumer Fraud Act Violations

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.

Author: Edward Ryan | Practice Area: General Liability

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

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.

Author: Nicole Tracy | Practice Area: Commercial Litigation

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

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.

Author: Jessica Mazur | Practice Area: Family Law

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

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.

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

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

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.

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

Why Client Communication Should be a Standard Practice

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.

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?

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?

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

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

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.

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