The Cassidy Law Firm Blog

Monday, December 26, 2016

Court Says Drunkenness Not A Bar To Workers’ Compensation


Typically, if someone gets hurt because they are drunk on the job, they are not going to be able to get workers’ compensation to pay for their injuries. But a recent ruling from a New Jersey appeals court highlights an exception to the rule against covering injuries to people who are intoxicated.
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Tuesday, December 13, 2016

Trump's Son-In-Law Settles Lawsuit with Two Monmouth County Restaurants


Why did Jared Kushner end litigation over a dispute with two New Jersey restaurants?

President-Elect Donald Trump has praised his son-in-law, Jared Kushner, saying that the 35-year-old businessman could play a role in trying to bring peace to the Middle East.

Whether or not that is possible, Kushner has brought some peace to Long Branch, New Jersey by agreeing to a settlement in a lawsuit brought by two local businesses. Kushner had been seeking to evict Stewart's Root Beer and Corner Café & Bistro from his Pier Village development but has now relented.

Developer Did Not Countersign Renewal Leases for the Restaurants

The lawsuit arose over a lease dispute between the two restaurants and the Kushner Companies, Kushner's development company. The restaurants had been leasing at Pier Village years, but their leases were both due for renewal in 2015, not long after the original developer of Pier Village sold the retail premises to Kushner's company and another company.


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Monday, November 14, 2016

String Bean Slip & Fall Not A Laughing Matter


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.


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Monday, November 14, 2016

Part-Time New Jersey Employee Receives Full-Time Worker's Compensation


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.


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Tuesday, October 18, 2016

Victim's Family Settles With Driver in Fatal Car Accident at Wendy's


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.


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Tuesday, October 18, 2016

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


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.


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Sunday, September 25, 2016

New Jersey Animal Shelter Sued in Federal Court for Illegally Killing Animals


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.


Read more . . .


Sunday, September 25, 2016

Escalation in ER Visits for Concussions and Other Soccer Injuries


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.


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Sunday, August 28, 2016

Coffee to Go May Be a No-No for New Jersey Drivers


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.


Read more . . .


Wednesday, August 10, 2016

East Hanover Homeowner Sues Bank for Illegal Break-In


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.


Read more . . .


Thursday, July 21, 2016

New Jersey Woman Prevails in Uninsured Motorist Claim


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.


Read more . . .


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