Danger In Winter Wonderland

Winter brings us joyous holidays, crystalline beauty on the trees and a new year. It also brings ice and snow on roads and sidewalks. While we gaze in wonder at trees turned refulgent as diamonds, our feet may slip out from under us and land us on our posteriors. Even a warm winter day with … Continue reading “Danger In Winter Wonderland”

Recent Case Summary Reports On Matters Involving Insurance Coverage

In Skeete v. Dorvius, decided by our Supreme Court on June 10, 2005, the Court held that a step-down clause for UIM coverage in an automobile policy was unenforceable. Specifically, the reduction in UIM coverage for passengers in the policy was buried in approximately two hundred pages of materials. In this case, Shedrack Skeete was … Continue reading “Recent Case Summary Reports On Matters Involving Insurance Coverage”

Verbal Threshold Defeats Lawsuits Once Again

Involved in a motor vehicle accident and governed by the verbal threshold, plaintiff, Ortenzio, undergoes electromyography demonstrating right C5 and C6 radiculopathies and bilateral L5 and S1 radiculopathies. A cervical MRI reveals disc bulging at C4-5 through C6-7, but no herniation. An MRI of plaintiff ‘s jaw shows hypermobile condyle with retro-discal inflammation and internal … Continue reading “Verbal Threshold Defeats Lawsuits Once Again”

What’s So Special About A Special Employer

When an accident occurs on a construction site, the injured party typically sues the owner of the property, the general contractor and the various subcontractors. There is a wellestablished, yet under utilized doctrine of law which, under the right circumstances, provides the same immunity from liability to a general contractor or subcontractor as that provided … Continue reading “What’s So Special About A Special Employer”

The Art of Asset Protection

The average individual spends most of his adult life working to maintain or improve the lifestyle of his family and loved ones. Many have the foresight to create and follow strategic plans which maximize economic return on their investment of time, energy and effort. Frequently, these same individuals have the foresight to retain accountants and/or … Continue reading “The Art of Asset Protection”

Commercial Landowner Liability Extended To A Street Sigh

Prior to February 9, 2004, a commercial property owner generally was able to escape liability if a public street sign located upon the owner’s sidewalk or curb was missing or obstructed or down since the sign was a matter outside of the landlord’s control. However, the New Jersey Supreme Court in Monaco v. Hartz Mountain … Continue reading “Commercial Landowner Liability Extended To A Street Sigh”

Important Warnings with Respect to Property Held as Tenancy by the Entireties

Several states, including Florida and Texas, have statutory laws which prevent creditors from seizing real property held by, among others, married individuals under defined circumstances. These states explicitly make property held by Florida or Texas residents as a primary resident exempt from execution, levy and sale by a creditor. New Jersey protects real property held … Continue reading “Important Warnings with Respect to Property Held as Tenancy by the Entireties”

Important Warnings with Respect to Property Held as Tenancy by the Entireties

Several states, including Florida and Texas, have statutory laws which prevent creditors from seizing real property held by, among others, married individuals under defined circumstances. These states explicitly make property held by Florida or Texas residents as a primary resident exempt from execution, levy and sale by a creditor. New Jersey protects real property held … Continue reading “Important Warnings with Respect to Property Held as Tenancy by the Entireties”

Jobs & Growth Tax Relief Reconciliation Act Of 2003

On Wednesday, May 28, 2003, President Bush signed the Jobs & Growth Tax Relief Reconciliation Act of 2003 into law. It is currently estimated that this legislation will result in three hundred fifty billion dollars in tax relief. Many of these provisions are retroactive to May 6, 2003. Here is a rundown of the major … Continue reading “Jobs & Growth Tax Relief Reconciliation Act Of 2003”

Sick Leave Abuse Policy Found Not To Violate Fmla

Most employers recognize the challenges presented in managing a workforce on a day-to-day basis. Those challenges are compounded for employers employing more than 50 people who are subject to the provisions of the Family Medical Leave Act (FMLA). This Act, in essence, provides eligible employees of covered employers with the absolute right to take up … Continue reading “Sick Leave Abuse Policy Found Not To Violate Fmla”