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Medical Marijuana is a Valid Benefit Under Workers’ Compensation Law Says New Jersey Appellate Court
On January 23, 2020, the New Jersey Appellate Division ruled in the case of Hager v. M&K Construction that New Jersey workers’ compensation insurance carriers cannot refuse to provide reimbursement for legitimately prescribed medical marijuana as part of a workers’ compensation coverage on the grounds that reimbursement would conflict with federal law––namely the Controlled Substance Act […]
Read More....Internet Car Sale Not Subject to Suit in New Jersey Courts
A California man who sold a vintage car to a New Jersey man over the internet was found not subject to suit in a New Jersey court, even for a claim arising out of that exact sale. According to a recently decided case by the New Jersey Appellate Court, a single internet sale by a […]
Read More....Widow’s Wrongful Death Claim Dismissed by New Jersey Courts Due to Statute of Limitations
A widow who filed a wrongful death claim based on medical malpractice after her husband died had her claim dismissed because she waited too long. The New Jersey Appellate Court ruled that, based on the language of New Jersey’s Wrongful Death Act and Survivor Act, any claim brought under those acts must be brought within […]
Read More....NJ Employee’s Injury on Public Street Ruled Not Compensable Under Workers’ Compensation Law
Employees who cross public highways while walking to and from commuter lots may not be covered by New Jersey workers’ compensation laws in the event of an injury, even if the employer leases parking spaces in that lot. In a case recently decided by the New Jersey Appellate Court, Jersey Medical Center/RWJ Barnabas Health (RWJ) […]
Read More....Volunteer Not Entitled to NJ Workers’ Compensation Benefits
A worker who was injured while volunteering for a “Family Fun Day” organized by her employer, and situated on her employer’s property, was not entitled to workers’ compensation benefits. In a case recently decided by the New Jersey Appellate Court, the plaintiff-worker failed to prove that she was engaged in the normal course of […]
Read More....Can a Signed Document Fail to Be Binding?
An agreement waiving a plaintiff’s right to pursue a claim against a hospital in court may not be enforceable, even if it bears the plaintiff’s signature and the plaintiff was fully cognitive at the time of signing. In a recent case, the New Jersey Appellate Court held that, even though courts abide by a strong […]
Read More....Medical Malpractice Victim’s Claim Dismissed for Failure to Provide Timely Notice to Public Entity
In a recent medical malpractice case, the New Jersey Appellate Court held that a patient failed to file his complaint in a timely manner and therefore was unable to state a claim against the Rutgers Cancer Institute. In 2009, Hiccson Gomez (“Gomez”) was diagnosed with colon cancer. He had surgery and was in remission for […]
Read More....Can Debtors Plead the Fifth in a Collection Action?
The New Jersey Appellate Court recently held that Fifth Amendment protections might not extend to debtors that refuse to comply with discovery requests, including questions regarding their loan obligation and requests for documentation. Rajendra and Jyoti Kankariya (“Defendants”) own Lotus Exim International (“LEI”) which is a marble and granite wholesaler. Defendants took out a $17 […]
Read More....Yes, You May Have to Pay Taxes Even After Death
Estate planning can be tedious, but it is incredibly important. Without an appropriate plan in place, your heirs may not receive an appropriate distribution of assets, and poor planning could have unintended monetary impacts on your loved ones. Estate tax and inheritance tax are two considerations that you should always factor into your estate plan. […]
Read More....State of New Jersey May Be Liable To Motorcycle Accident Victim
The New Jersey Appellate Court recently overturned a trial court decision dismissing claims against the State of New Jersey in a personal injury case. Plaintiff Milagro Arita-Mejia (“Arita”) was involved in a motorcycle collision on an enclosed ramp that descended onto Interstate 495 in Union City, NJ. Arita was a passenger on the motorcycle, but […]
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