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Browse by Category : Legislation and Regulation

Using Social Media in the Workplace?

December 3rd, 2012 | Author: | Category: legislation and regulation

Using Social Media in the Workplace?
You may think checking your Facebook during lunch is no one’s business, but be aware thatmore employers have begun adopting social media polices and are evenmonitoring their employees’ use of social media sites at work, according to a recentsurvey. 68.9 percent of employers said they’ve created policies specifically for social media use this past year, compared to 55.1 percent in 2011. Moreover, the monitoring of social media use by employers has increased from 27.4 percent to 35.8 percent in the last year. Are you an employee who is concerned their employer is overstepping its boundaries, or are you a company looking to institute a social media policy of your own and want to ensure you are being fair?  If so, feel free to call us.  Our attorneys have been recognized state-wide for their practice of employment law.
Jack Gillick
Martin Kane & Kuper
180 Tices Lane
Building B, Suite 200
East Brunswick, NJ 08816

Reopened National Practitioner Data Bank restrictions ‘protect’ disciplined docs

August 27th, 2012 | Author: | Category: legislation and regulation

Responding to the backlash to shutting down public access, Health & Human Services on  Wednesday reopened the National Practitioner Data Bank (NPDB) but with some  restrictions. The NPDB, the national database for medical malpractice reports  and disciplinary action on thousands of providers, now has a data use agreement.  The agreement spells out that users must only use the data for statistical  analysis and specifically not to identify providers.

Started in 1986, the NPDB maintains information of about 800,000 license and  hospital disciplinary reports, including past malpractice payments, sanctions,  and medical reviews. In September, Health Resources and Services Administration  (HRSA) removed its public use data file, ending the 10-year tradition of information transparency.  The public use data file (PUF) had de-identified information, but over time,  journalists could glean from the data patterns about individual practitioners.

Read Article: Fiercehealthcare

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High Court Nixes Suit For Distress From Pet Death

August 8th, 2012 | Author: | Category: legislation and regulation

In N.J., someone who suffers the horrible experience of watching a loved one die or be seriously injured can sue for any resulting emotional distress.  Unfortunately, the same right does not extend to the family pet.  In McDougall v. Lamm, the N.J. Supreme Court held that that it’s 1980 ruling in Portee v. Jaffee, which permits compensation for the traumatic loss of carefully defined classes of individuals, to include emotional distress claims arising from observing a pet’s death. The Court noted that, although humans may share an emotional bond with our non-human family members, permitting a recovery for emotional distress would vastly expand the types of relationships that would qualify for such damages or elevate relationships with animals above those shared with other human beings.

Contact: MKK – Attorneys at Law:    1-877-NJLAW4U

More Trial Court Vacancies Expected To Affect Dispositions

June 12th, 2012 | Author: | Category: legislation and regulation

An increasing vacancy rate on the trial court bench could soon affect the movement of cases, the head of the New Jersey court system testified on Wednesday. Acting Administrative Director of the Courts Glenn Grant told the Assembly Budget Committee that over the past year, there have been between 50 and 55 vacancies, which will rise to at least 60 by September due to retirements.

“Significant vacancies will have an impact on our system,” said Grant, who appeared before the committee to discuss the judiciary’s proposed $868.4 million budget for fiscal 2013. “Do you have enough judges?” asked Assemblyman John Burzichelli, D-Gloucester. “No, to be quite candid,” Grant replied.Grant also told the committee that the judiciary is becoming concerned about population growth in the southern part of the state, where there are fewer judges assigned.

Read Article: New Jersey Law Journal

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U.S. Supreme Court nixes West Virginia ruling on nursing home arbitration

March 21st, 2012 | Author: | Category: legislation and regulation

The Federal Arbitration Act preempts a state law barring arbitration clause enforcement in nursing home contracts where negligence results in personal injury or death, the U.S.  Supreme Court said in a per curiam opinion that vacated a West Virginia Supreme Court ruling exempting nursing home contracts in that state from the FAA’s reach. The Court did suggest that the FAA may not extend to nursing home contracts that are shown to be unconscionable under state laws that are not specific to arbitration. John Vail, vice president and  senior litigation counsel of the Center for Constitutional Litigation,  Washington, D.C., called the Court’s decision “regrettable but predictable.”

Read Article: U.S. Supreme Court nixes West Virginia ruling on nursing home arbitration

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JUROR HELD IN CONTEMPT FOR CONDUCTING INTERNET RESEARCH LEADING TO MISTRIAL

March 15th, 2012 | Author: | Category: legislation and regulation

In the first known New Jersey case of a juror punished for doing his own Internet research, a Bergen County judge has imposed a $500 criminal contempt sanction on a jury foreman whose actions led to a mistrial. Assignment Judge Peter Doyne found Daniel Kaminsky violated repeated instructions not to do independent research and that what he learned about the sentence for the crime, which he considered unjust, might have motivated his “not guilty” vote, leaving the jury hung.

Read Article: New Jersey Law Journal

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N.J. bar association plays key role in reviewing judicial candidates

February 22nd, 2012 | Author: | Category: legislation and regulation

The association’s Judicial and Prosecutorial Appointments Committee, a 26-member group that includes lawyers from every county, conducts an extensive investigation into a lawyer’s qualifications to serve as a justice, judge or county prosecutor. That investigation includes interviewing judicial and personal references, talking to other lawyers from the candidate’s home county and reviewing a list of matters the person has handled.

Read Article: http://blog.nj.com/njv_guest_blog/2012/02/nj_bar_association_plays_key_r.html

Contact: MKK – Attorneys at Law:   1-877-NJLAW4U

 

Hot Coffee – The impact of tort reform on your legal rights

January 12th, 2012 | Author: | Category: legislation and regulation

HBO Films’ recent release of the documentary “Hot Coffee” is an eye opener about the United States civil legal system and the impact of tort “reform” that has been passed in various states. From caps on damages to limits on the ability to file a lawsuit in a court of law, Hot Coffee exposes how tort reforms are being passed under the guise of limiting “frivolous lawsuits.” But just what is a “frivolous lawsuit?” Your definition may be different after you watch this documentary.We all think we know about the McDonalds coffee case, right? Well, you might be surprised to find out that when 79 year old Stella Liebeck spilled the dangerously hot coffee on her groin within 7 seconds of its purchase, while seated in a parked car, and it was so scorching that she required numerous skin grafts and serious medical attention, all that she sought in her civil lawsuit was to be reimbursed for her outstanding medical bills – the difference between what Medicare paid and what she had to pay out of pocket – a few thousand dollars. A jury awarded her $2.9 million, $2.7 million of which was punitive damages because, as a juror reports, McDonalds’ behavior had been proven negligent and the jury wanted to send a message to the company that it needed to change its ways. The verdict represented just two days of coffee sales for McDonalds. (Ultimately, the amount was significantly reduced by the judge and the matter later settled out of court for an undisclosed sum.) In another case presented in this film, a woman unknowingly signed away her right to file a lawsuit by signing an employment contract to work oversees. It contained a binding arbitration clause. When she was brutally raped by a co-worker in employee housing, and her employer ignored her complaints, she was barred from filing a lawsuit. Our civil court system was designed to give the individual citizen direct access to the courts and the right to have his claims heard by a judge and jury of his peers, but protecting those rights are not always at the top of everyone’s agenda.I encourage you to watch Hot Coffee. http://hotcoffeethemovie.com/ You may be surprised to find out what tort reform means and the real life impacts such reforms may have on your life.

Hot Coffee – The impact of tort “reform” on our civil legal system

Civil Cause of Action for Stalking Approved by Assembly Committee

January 12th, 2012 | Author: | Category: legislation and regulation

The Assembly Judiciary Committee on Monday unanimously recommended passage of a law that would create a civil cause of action for victims of stalking. The bill, A-4086, incorporates the definition of stalking in N.J.S.A. 2C:12-10, which in 1992 made it a crime to “purposefully or knowingly engage” in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.” However, it would not be necessary for the alleged stalker to have been charged or convicted for a civil cause of action to arise. A plaintiff would be able to recovery damages incurred as a result of the stalking, and possibly even punitive damages depending upon the egregiousness of the acts. If you have had problems with unwanted attention or concerns with someone stalking you, contact our office to discuss your legal rights in this regard as soon as possible.

Civil Cause of Action for Stalking Approved by Assembly Committee