Resource Center

Determining When a Business has Pierced the Veil As most professionals in the legal and insurance fields are aware, the law permits a business to incorporate for the purpose of permitting the business owner to escape personal liability as long as there is no co-mingling of funds and/or the privilege of the separation is not abused so as to permit the piercing of the corporate […]

Medical Marijuana in the Workplace Like numerous other states, New Jersey has approved the use of marijuana for medicinal purposes through the enactment of the New Jersey Compassionate Use Medical Marijuana Act (MMA), NJSA 24:61-1, et seq. In doing so, the New Jersey legislature has now thrust upon the courts the issue of whether marijuana “use” in the workplace has to be allowed by […]

After a slip, trip or fall it is imperative for a store employee or manager to properly document and preserve the scene of the incident. Obviously, the well-being of the customer is of utmost importance but as soon as everyone is safe and secure you should turn your attention to the scene to preserve evidence in anticipation of an impending lawsuit.  Below are five […]

What is a Diskectomy? A diskectomy is a surgical procedure to remove the damaged portion of a herniated disk.  Herniated disks can irritate or compress a nerve, which can cause pain, numbness or weakness in the neck, back, arms or legs.  A diskectomy is best used in the treatment of radiating symptoms but is less helpful for the treatment of actual neck and back […]

New Jersey Supreme Court issues ruling restricting the “mode-of-operation” doctrine. However, full impact of the ruling is hotly debated by plaintiffs, defendants, and even retired Judges. Generally, a proprietor’s duty to his invitee is one of due care under all the circumstances. An invitee seeking to hold a business proprietor liable in negligence must prove, as an element of the cause of action, that […]

Building a Case with Information on Social Media Accounts As an update to our recent article on the importance of social media-related discovery, the guiding principal remains what is “material and necessary” to the defense of the litigation.  Once the defendant has jumped that hurdle, the court will then have to determine whether the account holders’ rights to privacy outweigh the defendants’ rights to view […]

An Overview of Snow and Ice Related Premises Liability Standards for Pennsylvania, New Jersey, New York, Maryland, Delaware and West Virginia When snow and ice accumulate, property owners and occupants run the risk of liability in the event of a slip and fall accident.  The premises liability standards pertaining to snow and ice conditions can be complex due to evolving case law and the […]

The Criteria for Governmental Immunity Defense In order to raise the defense of a governmental immunity, it is incumbent upon the municipal defendant to meet two criteria: 1.   Governmental Entity –  First, it must be established that the defendant is an actual governmental entity, which includes New York (or any other State) and its subdivisions and agencies, municipal corporations, district corporations and public benefit corporations.  […]

To prove defamation a plaintiff must establish four elements: The defendant made a false statement purporting to be fact; The statement was published or communicated to a third person; The defendant was at fault in making the statement; and The statement caused damages or harm to the person who is the subject of the statement. In order for statements to be considered defamatory when […]

Pollution legal liability (PLL) insurance coverage is an area of liability insurance coverage that can have a major impact on a company’s bottom line, as many companies may face pollution risks to other parties or to their own properties.  PLL policies can be significant as the policy can provide for the cost of cleanup efforts, lawsuits and legal fees, not to mention emergency response […]