The Cassidy Law Firm Blog

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.

When is a patient's addiction to prescription drugs grounds for a malpractice lawsuit?

According to statistics collected nationwide, deaths from drug overdoses have risen for 11 years, tripling since 1990. Most of these fatalities result from overuse of prescription painkillers.

The vast majority of these deaths -- approximately three-quarters -- are believed to have been accidental, while others were suicides or the result of undetermined causes. Many of these cases have led to Read more . . .

A recent study shows that medical errors may be the third leading cause of non-violent death in the U.S., claiming over a quarter of a million lives. But for residents of New Jersey, finding out about deadly mistakes is now more difficult because of a recent decision by a New Jersey appellate division court.

Reports on Medical Mistakes Remain Confidential

A three-judge panel has held that hospital error reports filed with the New Jersey Department of Health after a patient injury or death are not discoverable in medical malpractice litigation.

Did you know that medical errors are now the third most common cause of death in the United States? They rank only behind heart disease and cancer, and kill an estimated 700 people per day. This is crazy! Seeking medical care should not be as scary as the illness you are seeking care for!

It is unclear what the exact rate of medical errors is here in Monmouth County, or even in New Jersey as a whole since that data is almost impossible to get a hold of. However, we do have data from the U.S. Department of Health and Human Services on how many medical malpractice payments were made in New Jersey each year from 2004 to 2014.

Must a retailer receive notice about a dangerous condition before it can be held liable in a slip and fall case?

In an appeal of a recent lawsuit against the retailer Costco, the plaintiff will get a new trial because the jury was not correctly instructed on the question of notice.

Retailers generally have an obligation to maintain their premises properly and may be held liable for injuries caused by unsafe conditions. In some cases, they must receive notice of a hazard before they can be held liable for failure to eliminate it. But in others no notice is needed. When a business's general "mode of operation" causes a hazard, however, a plaintiff may not be required to prove that the business was notified of the hazard.

A couple months ago, a gynecologist from Tenafly, New Jersey who practiced in New York City pled guilty to sexually assaulting two women he had examined. Dr. Robert Hadden admitted that he had “engaged in an act of oral sexual conduct against a patient for no valid medical purpose” and “intentionally and for no legitimate purpose forcibly touched the sexual and intimate parts of [another patient].” Hadden’s medical license has been revoked, and he must register as a sex offender, but it is still unclear whether the at least twenty women who have come forward as victims will be able to sue him in civil court for monetary damages. 

This is distressing, but it is something we see every day.

On March 31, 2016, the California Court of Appeal issued an Order temporarily staying a Los Angeles Court's ruling which granted custody of Melissa Cook's newborn triplets to their biological father.  The March 31st Order prevents Melissa's triplets from being removed from the State of California.

You can read more about the Appellate Court ruling at People.

College and graduate school can become very expensive over time. After years of education and a tough economic climate, debts can accumulate quickly, especially if you have student loans to repay. It is no surprise that many young people explore bankruptcy as a way to help alleviate some of the debts they have acquired.

Student loans cannot be discharged unless undue hardship is proven. Many courts use the Brunner test which uses three factors to demonstrate undue hardship. These three factors: poverty, persistence, and good faith must all be proven.

Introduction

I would like to thank the students of Notre Dame for inviting me to share some of my thoughts today about the greatest human rights violation of our time.  I would especially like to thank you for your introduction and your kindness in refraining from telling any lawyer jokes.

I enjoy opportunities to speak, though I can rarely accept them.  But I am not partial to the lawyer jokes.

I was once invited to speak at a convention in Rome, Italy, and I made that trip thinking I was secure in the belief that the lawyer jokes were a uniquely American phenomena.

If You Have Concerns or Questions About How Filing for Chapter 7 Bankruptcy Can Affect a Cosigner Contact the Cassidy Law Firm for a Free Consultation with an Experienced Monmouth County Bankruptcy Attorney

What happens when you file for a Chapter 7 bankruptcy and you have a cosigner on some of your debt?  Chapter 7 bankruptcy will only eliminate the debt of the petitioner and not that of a cosigner.

Your cosigner is held liable for your debt if you default on the loan. Whether or not a Cosigner will be harmed when you file for bankruptcy depends on the type of Bankruptcy you choose to file. Although Chapter 7 bankruptcy can alleviate your debt problems, the debt burden will fall upon your cosigner. You may want take steps to protect your cosigner, especially if they are a friend or relative. When a cosigner is involved alternatives to Chapter 7 bankruptcy should be considered.

To Find out If You Can Eliminate or Avoid Liens on Your Property Contact the Cassidy Law Firm for a Free Consultation with an Experienced Monmouth County Bankruptcy Attorney

In some cases it is possible to eliminate liens which are attached to your property when you file for Chapter 7 bankruptcy.  Lien avoidance is a process by which you ask the bankruptcy court to eliminate or reduce liens on certain types of exempt property. This procedure can allow you to discharge large amounts of debt and/or keep property. Lien avoidance must be requested in a special legal proceeding in your bankruptcy case. If steps are not taken to petition for lien avoidance, the lien will not be eliminated and will still exist after a chapter 7 bankruptcy has been finalized.