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Interesting Article On How Affordable Healthcare Act Can Benefit Defense Bar

July 2, 2015

Can Affordable Care Act Ruling Help the Defense Bar? Max Mitchell, The Legal Intelligencer July 2, 2015 | 0 Comments SHARE PRINT REPRINTS Tomasz Papuga A recent U.S. Supreme Court decision affirmed for the second time the constitutionality of the Affordable Care Act, but it also may have given the defense bar a little more of a bargaining chip when it comes to personal-injury cases. With the Supreme Court’s decision in King v. Burwell, the court denied a second bid to overturn the controversial law, also known as Obamacare, which is aimed at getting health insurance coverage for all Americans.
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NJ Supreme Court Rules Superior Court Has Concurrent Jurisdiction When Worker’s Employment Status is Disputed

June 19, 2015

In Kotsovska v. Liebman, the New Jersey Supreme Court grappled with the question of whether the doctrine of primary jurisdiction deprives the Superior Court of jurisdiction under the Workers’ Compensation Act (“WCA”) to determine a worker’s employment status in cases where the defendant raises the exclusive remedy provision of the WCA as an affirmative defense to the worker’s Complaint. Scrutinizing the WCA, prior precedent and the doctrine of primary jurisdiction, the Court held that in cases where a genuine dispute exists as to the employment status of the worker — whether an employee or independent contractor — and the worker
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College Awarded $125K in Court Costs in Action by Injured Gymnast

January 22, 2015

A federal magistrate judge has awarded Cornell University nearly $125,000 in costs following an unsuccessful action by an injured student. In Duschesneau v. Cornell University, the student sought over $75 million from Cornell following an injury while participating a campus gymnastics club, which rendered the student a quadriplegic. The action was based upon the contention that Cornell was negligent in failing to instruct and supervise the student. Cornell obtained a jury verdict in its favor after contending that it was reasonable and customary for members of club to use the gymnasium without supervision and instruction. ​After the verdict was upheld
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New Jersey Appellate Court Declines to Hold Minor Liable for Sports Injury

December 10, 2014

In a case of first impression, the New Jersey Superior Court, Appellate Division, has declined to hold an eleven-year-old lacrosse player liable for a collision that resulted in a broken arm. In C.J.R. v. G.A., the Court established an approach to assessing liability against minors for sports-related injuries that significantly raises the bar for such claims. The case concerned an incident near the end of a youth lacrosse game, in which a twelve- year-old player had possession of the ball and was attempting to run out the clock. According to the player’s coach, an eleven-year-old member of the opposing team
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Insurers Should Prepare for Another Wild Winter

November 26, 2014

The 2014-15 winter season has already made its presence felt in much of the United States. The Eastern United States has recently been faced with temperatures 10 to 20 degrees below normal, while significant lake-effect snow has fallen in areas near the Great Lakes. Most notably, a week-long snow event dumped up to seven feet of snow in areas near Buffalo, New York. This is merely the beginning of what appears to be another active winter season. Portions of the Northeast and Mid-Atlantic are expected to see significant cold snaps over the course of the winter, although the cold is
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