The Cassidy Law Firm Blog

Last month the Star-Ledger published a story about a Bergen County woman who filed a lawsuit against her local ShopRite for injuries she allegedly suffered when she slipped and fell on a string bean while grocery shopping. The story was very straight-forward, but it was promoted in a manner that invited ridicule.

And ridicule people did. Nearly all the comments on the story either poke fun at the plaintiff, or suggest her suit is frivolous. This is a sad reflection of the state of public opinion of litigation, and an invitation for the news media to run more click-bait stories on cases that have strange or funny sounding facts.

When a part-time employee is injured, how should worker's comp benefits for future lost earnings be calculated?

A recent unpublished ruling in a New Jersey worker's compensation case helps clarify how benefits may be calculated for an employee working part-time when injured. The petitioner in the case, a part-time employee at Costco, was seeking workers compensation for a permanent partial disability. She asked that it be calculated based upon a "reconstructed" workweek.

What damages can you seek and whom can you hold liable in wrongful death lawsuit?

When an elderly driver drove her car into a Wendy's restaurant in Bayonne, New Jersey, killing a man inside, she was cited only for careless driving, a less severe charge than reckless driving. She received the maximum penalty, a $200 fine. The family of the victim filed a wrongful death lawsuit against her and has now settled for a much larger sum, $1.

Hoboken Train Crash Highlights Importance of Tort Law System & Class Actions

The horrific train crash that occurred in Hoboken last month was gut-wrenching to behold. So many of us have friends and family members that use that train line for their daily commute, that we couldn’t help but say glued to the live coverage. Thank goodness for text messages and social media, which allowed all of us to check in on loved ones right away!

While watching all of the action unfold, and getting updates from family and friends, it occurred to us that events like this are exactly why we do what we do.

When you go to law school you might have some vague idea that you want to use what you learn to help others, but exactly how that is going to work out is pretty fuzzy. Then you start to really get into your classes, and one of the first classes you take is Torts.

A pet owner has filed a Federal lawsuit in New Jersey against an animal shelter that euthanized her microchipped cat within hours after finding it.  

The woman was joined in her lawsuit by a Monmouth County SPCA officer. They claim the shelter euthanized close to 400 animals illegally in less than a year.

Why is there a surge in soccer injuries throughout the U.S.?

A research study based on 25 years of collected data demonstrates an unmistakable increase in injuries to this country's soccer players as evidenced by the number of such injuries treated in emergency rooms throughout the nation. The study shows that while there were 106 soccer injuries per 10,000 players in 1990, by 2013 that number had risen to 220 per 10,000 players. There is not yet enough information to formulate such statistics for 2014 forward, but the data already available attests to the fact that 3 million soccer players, aged 7 to 17, received ER treatment between 2000 and 2014.

Is distracted driving illegal in New Jersey?

Texting while driving has been getting plenty of attention in the media and for good reason: drivers distracted by cell phones often cause accidents in New Jersey. Of course, drivers can also become distracted while tuning the radio, or talking to other passengers. Now, state lawmakers are considering a bill that would restrict drivers from a number of other distractions including eating, drinking beverages such as coffee, reading or using electronic devices. This measure would add to state laws that already ban the use of hand-held cell phones and texting while driving.

The proposed bill, introduced by New Jersey Assemblyman John Wisniewski (D-Middlesex) and Nicholas Chiaravalloti (D-Hudson) calls for fines and possible license suspension for repeat offenders.

Returning from a vacation to find one's house burgled and vandalized can be extremely disconcerting. But it's especially upsetting when it turns out that the culprit is homeowner's mortgage lender.

According to a civil lawsuit filed in a Morris County, New Jersey court, the lender hired subcontractors to break into the plaintiff's home.

Do I need uninsured motorist coverage in New Jersey?

In April 2013, a Hackensack woman was seriously injured in an accident at Bergen Community College. While driving a Toyota Rav4 she was rear-ended by an Englewood man who was driving a Honda Accord. The woman's attorneys claimed she suffered permanent damage to her neck and spine, but the driver of the Honda was uninsured.

However, the woman was recently awarded $1.2 million after she filed a lawsuit against her own insurance company, Allstate.

What are the consequences of ignoring court orders in a civil lawsuit?

In "Girls Gone Wild" videos there may be no rules, but the New Jersey courts, breaking the rules can lead to a multi-million dollar judgment and threats of arrest.

In a civil lawsuit, plaintiff Ashley Arpaio, a Sussex County dental assistant, sued Joe Francis, the producer behind the salacious videos, after a woman in one of his videos falsely identified herself as Arpaio and held up a driver's license to buttress the claim. In fact, the woman was Ashley Dupre, a prostitute better known for her involvement in the downfall of Eliot Spitzer.

Can you be held responsible for injuries sustained in an accident in which you were texting the driver?

You are cruising down the highway when your phone starts to ring. It is a text message so you grab your phone, even though you know you shouldn’t, and begin to read. All of a sudden a truck stops short in front of you and you rear end them. The driver tells the police that he saw you texting and driving a moment before the collision. Not only is this a crime in most states, but it also creates civil liability on your part.