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Recent Case Underscores Reluctance of New Jersey Courts to Award Attorney’s Fees
New Jersey follows the American Rule, which is that each party pays their own attorney’s fees no matter who wins. A recent Appellate case looked at a scenario where one party may receive fees from the other. In that case, the court affirmed the trial court’s denial of attorney’s fees […]
Read More....Plaintiffs Must Follow Strict Time Requirements When Filing Tort Claims Against Public Entities
Plaintiffs must file a tort claims notice against public entities in New Jersey no later than 90 days after the accrual of a cause of action, unless “extraordinary circumstances” exist to justify filing a complaint out of time. In a recent case out of the New Jersey Appellate Court, the estate of a prisoner who […]
Read More....New Jersey Court Says Residential Homeowners Are Not Liable for Sidewalk Injuries
Residential homeowners are not liable for injuries caused by the conditions of sidewalks abutting their properties, according to the New Jersey Appellate Court, even if that property could be used to generate multifamily rental income. Rather, liability turns on whether the property was actually being used for commercial purposes at the time of the accident. […]
Read More....Force Majeure Contract Clauses Come Into Focus as the Coronavirus Causes Widespread Disruption in Daily Life
As the public health emergency stemming from the spread of COVID-19, commonly referred to as the Coronavirus, continues to worsen, its far-reaching effects are being felt outside of the public health arena. As the disruptions in everyday life become more pervasive, individuals and businesses should also be aware of the legal ramifications of what has […]
Read More....New Jersey Woman’s Claim for Workers’ Compensation Total Disability Benefits Under Odd Lot Doctrine Denied
A petitioner in a workers’ compensation case who argued for total disability under New Jersey’s odd-lot doctrine, lost when the judge found that both her and her expert witness to not be credible. On appeal, the Appellate Division affirmed the decision out of deference to the workers’ compensation judge. In this case, the petitioner, Floralba […]
Read More....New Jersey Wrongful Termination Plaintiff Forced to Arbitrate Despite Change in Law
In a recent case decided by the New Jersey Appellate Court, the plaintiff signed an arbitration agreement with PSEG when he first took a job with them in 2008. After he took another job with PSE&G, a PSEG subsidiary, in 2011, he was eventually terminated for various reasons including allegedly misconstruing his work hours and […]
Read More....New Jersey Court Rules Injured Worker is No Longer Entitled to Opioid Medication
A New Jersey petitioner previously receiving opioid pain medication to treat pain from a work-related injury will no longer be compensated for the medication because he did not provide enough evidence that the opioids would heal or relieve his condition. This was true even though the petitioner provided medical expert testimony who stated that a […]
Read More....New Jersey Landlords May be Held Liable for Criminal Acts by Others Against Tenants
A landlord who fails to take certain safety precautions, such as fixing locks in an apartment unit, may be held liable for a resulting criminal act against a tenant. The New Jersey Appellate Court held in a recent case that a landlord had a duty to protect tenants from third parties through reasonable means, and […]
Read More....A Synopsis of NJ Workers’ Compensation Benefits
Workers’ Compensation provides benefits to an employee who suffers a personal injury or death arising out of, and in the course of, his or her employment. If the employee suffers an injury resulting in death, his or her dependents may receive the benefits. The focus of Workers’ Compensation benefits is to compensate for the loss […]
Read More....New Jersey Expands Wage Laws to Create Greater Penalties and Liability for Employers
On August 6, 2019, New Jersey enacted a new law increasing penalties and liability for employers who commit wage violations. The law revises New Jersey’s Wage and Hour Law (WHL), Wage Collection Law (WCL), and the Wage Payment Law (WPL). The main changes of this law affect anti-retaliation provisions, statutes of limitations, penalties, administrative power […]
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