Publications
Delaware Supreme Court Upholds Dismissal of Legal Malpractice Claims Based on Collateral Estoppel
The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral estoppel doctrine.
Court Rejects Qualified Immunity for Detectives Accused of Fabricating Evidence in 1978 Murder Case
In 2008, Lee Evans was charged with the disappearance and murder of five boys in 1978 based on an allegedly coerced confession of one man. A jury acquitted Evans of all charges, and he then brought claims for malicious prosecution.
Court Dismisses Inmate’s § 1983 Civil Rights Complaint as Time-Barred and Legally Deficient
The plaintiff, Javier Gomez, an inmate at SCI-Coal Township, brought a civil rights action under 42 U.S.C. § 1983. Gomez alleged that on July 14, 2022, a fellow inmate, Higgin, assaulted him.
Ordinance Enacted to Prohibit Cannabis Business in Asbury Park Does Not Rise to the Level of ‘Shock the Conscience’
In Breakwater Treatment and Wellness Corp. v. The City of Asbury Park, Civil Action No. 23-3661 (D.N.J.
Legal Updates for New Jersey Public Entity & Civil Rights
More Insight from the Industrial Accident Board to Assist in Correctly Calculating the Average Weekly Wage
It is important to correctly calculate the average weekly wage (AWW) from the beginning of the claim. The AWW is the starting point for calculating the rate that is used to pay all non-medical benefits. The pertinent statute is 19 Del.
What’s Hot in Workers’ Comp, Vol. 29, No.
District Court Holds that Average Weekly Wage Should Be Calculated at Time of Last Injurious Exposure in Occupational Injury Cases
The First District Court of Appeal reversed a compensation judge’s denial of indemnity benefits to a former employee who developed atrial fibrillation months after resigning from his job.
What’s Hot in Workers’ Comp, Vol. 29, No.
Appellate Division Upholds Dismissal of Construction Accident Claims Against Employer and Municipality
The New Jersey Appellate Division affirmed three trial court orders dismissing claims brought by James Weiss, a retired firefighter and employee of Altona Blower & Sheet Metal Works, who was seriously injured while installing a firefighter tra
What’s Hot in Workers’ Comp, Vol. 29, No.
Appellate Division Affirms 74% Disability Award in Custodian’s Workers’ Compensation Case
In Brooks v. Rutgers, the State University of New Jersey, the Appellate Division upheld a workers’ compensation judge’s decision finding the petitioner 74% permanently disabled as a result of his custodial work for Rutgers.
What’s Hot in Workers’ Comp, Vol. 29, No.