Blog
Sorry, the Stomach Virus is Not a Disability Under NJ Discrimination Law
James Riconda worked for US Foods, Inc. as a warehouse selector for about two years before he was fired. A few days prior to his termination, Riconda became ill and exhibited symptoms of the stomach flu. Riconda informed his supervisor, who allowed him to take a break, but his symptoms continued to worsen. At the time when this happened, Riconda did not have any sick days left at work. Riconda went to the hospital and informed his employer that he would not be at work for a few days and that upon his return, he would provide a doctor’s note. When...
Read More....Home Inspectors Subject to Liability Under NJ Consumer Fraud Act
In a recent decision, Shaw v. Shand, et al., the Appellate Court of New Jersey held that semi-professionals, such as home inspectors, can be held liable under the New Jersey Consumer Fraud Act (CFA).
Shaw hired Shand, a licensed home inspector, to perform a property inspection prior to purchasing a home. Shand wrote a report stating that the property was in good condition, and Shaw relied on this report when he officially purchased the home. Later, contrary to Shand’s report, Shaw discovered that several major repairs were required ...
Read More....Basic Guide for the Guardian of a Loved One’s Estate
In order to become a guardian of the estate, you must file an application with the Superior Court of NJ. A judge will determine whether you qualify as a guardian. If you do qualify, the judge will issue a judgment to confirm guardianship. The judge may also require you to post a surety bond, which essentially acts as an insurance policy to protect the assets of the protected individual. Then, you will receive certificates which assert your authority over the estate.
https://vimeo.com/1028565335?loop=0After you are appointed, you must...
Read More....NJ Minor’s Amputation Case Against Construction Site Survives Appeal
In Cortes v. Garrard Construction Group, Inc., et al., the New Jersey Appellate Court held that the property owner, tenant, general contractor, and workers on a construction site could potentially be liable for the injury of a minor that occurred onsite. Two sixteen-year-old boys were walking around a shopping center and saw lights on inside the building under construction. They approached the building and trespassed onto the construction site, which was managed by Garrard Construction Group, Inc. and Holz and Henry, Inc....
Read More....Independent Contractor or Employee?
The New Jersey Appellate Division recently held that The Courier-Post was not vicariously liable for the actions of its independent contractor. The independent contractor was involved in a vehicle collision, and as a result, the other driver tried to argue that The Courier-Post was vicariously liable since the independent contractor was delivering papers for The Courier-Post when the accident occurred.
The doctrine of respondeat superior allows employers to be held vicariously liable for the acts of its employees when an employee...
Read More....Probate Checklist for New Jersey Estates
If you find yourself as the Executor or Administrator of an Estate in New Jersey, it can be an overwhelming task. Here is a couple of useful tips and checklists to make the probate process a little easier.
An Estate in New Jersey must be opened in the Surrogate’s Office in the County where the decedent resided. Please note the probate of a Will in New Jersey cannot occur until the eleventh day from the date of death. The process can be started before but the Estate will not be issued until the eleventh day.
https://vimeo.com/1028565644?loop=0... Read More....Workers’ Compensation Bar Does Not Prevent Third-Party Claims
While it is true that injured workers in New Jersey have limited options to pursue claims against their employer, there may be the opportunity to pursue claims against a third-party who had a duty towards the worker but failed to carry out that duty.
In a recent New Jersey Appellate Division case, Austin v. Morris Plains Contracting, LLC, the Court allowed a jury to decide whether the third-party defendant was responsible for inadequate planning and oversight of the fall protection safety procedures on the job site of the plaintiff employee....
Read More....Proving undue influence when a loved one makes a last-minute change to their will in NJ
In 2018, the New Jersey Appellate Division upheld a decision that a daughter, who inherited only 10% of her father’s residuary estate after his death, could not establish that her father was under undue influence when he signed the most recent version of his will. In his original will, the father divided his estate 50/50 between his two children. Less than a year before his death, her father changed his will, decreasing the daughter’s share significantly while leaving 80% of the residuary estate to her brother. For that ...
Read More....NJ Workers’ Compensation Benefits Are Extent of Recovery For Experimental Nasal Spray Tester
In the recent New Jersey Appellate Division case of Bove v. AkPharma, the Court prohibited an employee from suing his employer at common law for injuries allegedly sustained by testing an experimental nasal spray on himself at work. The New Jersey Workers’ Compensation Act (“WCA”) compensates employees for injuries that occur at work. However, the WCA also prohibits employees from pursuing common law remedies against their employer outside of workers’ compensation except in limited circumstances. The employer’s immunity...
Read More....What’s in that Waiver?
A recently decided case from the New Jersey Appellate Division analyzed the waiver form a trampoline park requires before customers and their children are permitted to enter. A father electronically signed a waiver form for his son to play at the SkyZone Indoor Trampoline Park. The waiver contained standard provisions that SkyZone would not be held liable for any injuries that occurred at the SkyZone. During their time at the SkyZone, the father’s son suffered a fractured ankle while playing trampoline dodgeball.
When the father...
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