The Cassidy Law Firm Blog

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 . . .


Thursday, July 21, 2016

Court Cites Producer of "Wild" Videos for Contempt in Defamation Lawsuit, Awards Plaintiff $3 Million


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.


Read more . . .


Thursday, June 30, 2016

Texting and Driving: The Liability of the Party Texting the Driver


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.


Read more . . .


Thursday, June 16, 2016

Opioid Abuse: Could Your Doctor Be Liable?


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 . . .


Saturday, May 28, 2016

New Jersey Protects Reports of Hospital Errors with Absolute Privilege


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.


Read more . . .


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.


Read more . . .


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.


Read more . . .


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.


Read more . . .


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.


Read more . . .


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.


Read more . . .


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.


Read more . . .


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