Publications
To avoid liability, defendant raising a claim of highly reckless conduct must plead and prove such a claim as an affirmative defense.
The Supreme Court granted allowance of appeal to determine whether a defendant in a products liability action must plead and prove as an affirmative defense that an injured party's alleged "highly reckless conduct" was the sole or su
Case Law Alert - 1st Quarter 2013
The plain language of Pa.R.E. 407 only restricts the introduction of remedial measures that are made after the occurrence of the injury or harm.
The Supreme Court upheld a ruling that evidence of design changes and reports of prior incidents introduced by the plaintiff were, in fact, admissible to the jury. "The unambiguous and plain language of Pa.R.E.
Case Law Alert - 1st Quarter 2013
Police officer advising parents that one of them must accompany their daughter for psychological evaluation does not rise to the level of a seizure.
The plaintiffs, a mother, father and their daughter, sued the defendants, including a police officer acting under the color of state law, pursuant to 42 U.S.C.S. § 1983.
Case Law Alert - 1st Quarter 2013
OPRA requires production of names of pet owners.
The plaintiff submitted a request seeking documents showing names and addresses of all licensed dog and cat owners in Fair Lawn, including all dog and cat applications or licenses on file, in order to ma
Case Law Alert - 1st Quarter 2013
Non-signatory third party to arbitration clause is compelled to arbitrate securities case.
The plaintiffs filed a FINRA arbitration against a broker dealer and its registered representative while filing a contemporaneous New Jersey state court action against an accounting firm.
Case Law Alert - 1st Quarter 2013
In a parking lot case, the Board finds the claimant's motor vehicle accident occurred within the course and scope of his employment because the claimant had returned to the employer's premises from an unpaid lunch break but had not yet clocked back in.
This case involved a Petition to Determine Compensation Due alleging that the claimant sustained injuries in a motor vehicle accident on February 25, 2012, on an access roadway that was owned and controlled by his employer.
Case Law Alert - 1st Quarter 2013
Board grants employer’s motion to suspend claimant’s TTD benefits. Claimant was incarcerated and still awaiting trial on violation of probation charges but had already been convicted of underlying criminal charges that put him on probation.
This case dealt with the application of Section 2353(d) of the Act, which provides that a claimant who is receiving disability benefits can have them suspended when he is incarcerated by the state after an adjudication of guilt.
Case Law Alert - 1st Quarter 2013
Do temporary partial disability benefits exist in New Jersey? Judge of Compensation grants petitioner's motion for supplemental temporary disability benefits.
The petitioner suffered a compensable left knee injury on January 29, 2011, while an employee of the respondent.
Case Law Alert - 1st Quarter 2013
Employee v. independent contractor: use of the "control test" and the "relative nature of the work test" to determine if a worker is eligible for benefits.
In December of 2006, the respondent contacted the petitioner after receiving the petitioner's business card advertising cleaning services. At that time, the petitioner was cleaning six other houses and an office building on a regular basis.
Case Law Alert - 1st Quarter 2013
When a claimant's own physician is the source of medical evidence that the claimant can return to work, an additional Notice of Ability to Return to Work form from the employer is not necessary.
The claimant was employed as a home health aide when she suffered work-related injuries in October of 2008.
Case Law Alert - 1st Quarter 2013