The Cassidy Law Firm Blog

Sunday, May 22, 2016

Medical Errors Are a Leading Cause of Death


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.


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Sunday, May 1, 2016

Plaintiff Gets New Trial in Costco Premises Liability Lawsuit


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.


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Wednesday, April 20, 2016

Medical Malpractice Victims in Disgusting Sexual Assault Case Stymied by Statutes of Limitation


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 Hadden’s medical license has been revoked, and he must register as a sex offender, but it is still unclear whether the at least twenty women who have come forward as victims will be able to sue him in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.


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Friday, April 1, 2016

California Court of Appeal Stays Lower Court's Ruling


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.


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Monday, January 5, 2015

Are Student Loans Dischargable in a Chapter 7 Bankruptcy?

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.


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Friday, November 14, 2014

New Jersey Attorney Harold J. Cassidy’s Remarks Given at the University of Notre Dame

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.


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Thursday, November 13, 2014

How Does Filing for Chapter 7 Bankruptcy Affect A Cosigner?

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.


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Monday, November 10, 2014

Can I Eliminate or Avoid Liens on My Property if I file for Chapter 7 Bankruptcy?

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.


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Thursday, October 30, 2014

Can I Transfer Property Before Filing Chapter 7 Bankruptcy?

Many People Considering Filing for Bankruptcy Ask the Question: Can I Transfer Property Before Filing Chapter 7 Bankruptcy?

Prior to filing for Chapter 7 Bankruptcy it may be tempting to transfer your property to friends or relatives in order to protect the property from creditors. Unfortunately, transferring your property may cause you harm as it could result in serious consequences that range from making you ineligible to file for Chapter 7 Bankruptcy for a period of time to losing your property and having your Bankruptcy case dismissed.


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Monday, July 7, 2014

Can Taxes Be Discharged in Bankruptcy?

There are a seemingly endless number of causes of financial troubles; however, one debt that can grow large enough to be a major source of financial struggles is a tax debt. Once you get behind on taxes the debt seems to take on a life of its own, growing at an unbelievable rate. If your delinquent tax debt is part of a bigger picture of financial troubles it may be time to consider bankruptcy as a long-term solution. Be sure to consult with an experienced New Jersey bankruptcy attorney, however, before moving forward to discuss what tax debts, if any, can be discharged through bankruptcy. Often, when you file for bankruptcy plays a major role in determining whether or not tax debts are dischargeable.


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Thursday, July 3, 2014

What Is Bankruptcy?

“What Is Bankruptcy?” Unfortunately, there are a number of myths and misconceptions about bankruptcy in the United States. Many of these myths and misconceptions cause debtors to shy away from considering bankruptcy when they are in financial trouble. Hesitating often means a debtor loses valuable assets that could have been saved through bankruptcy. If you find yourself in a situation where the bills continue to pile up and you see no end in sight it might be time for you to consider bankruptcy. A better understanding of bankruptcy and the bankruptcy process may help you make the decision.


Read more . . .


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