In the face of approximately 300 sexual abuse lawsuits from former Boy Scouts, the Boy Scouts of America has filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code. The Boy Scouts of America is the nation’s largest scouting organization and one of the largest youth organizations. Because Chapter 11 allows an organization to continue operations, scouting programs are expected to proceed at this time.
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NJ Statute of Limitations Bill Aims to Help Victims of Sexual Abuse
The New Jersey Senate and Assembly have approved a bill lifting the civil statute of limitations on certain sexual offenses. The Bill is presently in Governor Murphy’s office where it waits his signature to become law.
If signed, the law would go into effect on December 1, 2019.
The bill would provide the following measures:
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Understanding the Recent Decision on Comparative Negligence
This blog was co-authored with my colleague, Michael Donahue.
In Fernandes v. DAR, the New Jersey Supreme Court was recently asked to consider whether the issue of an employee’s comparative negligence in a workplace construction injury case should be submitted to the jury. We at Stark & Stark had the pleasure of serving as
Low Head Dams and Other Hydraulic Structures: A Safety Proposal
As the popularity and participation in water based recreation increases, the designers, builders and owners of water structures must recognize the potential that the public may intentionally or unintentionally encounter their structures during recreational activities. A review of the current dam safety permitting regulations reveals that most do not require planners, designers or owners to address the potential hazards created by the structure to recreational users of the waterway and surrounding areas. Also, most often absent from these regulations is any requirement that designers and owners create and implement a safety program to reduce the risk to recreational users.
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Low Head Dams: Be Safe and Stay Away
Many members of the general public find themselves closer than ever to seemingly safe and suitable reservoirs and other waterways for recreational activities. As the population density of the United States continues to rise, previously remote waterways and hydraulic structures are now easy to access and are neighbors to residential communities. Reservoirs, waterways and other areas near dams are popular locations for recreational activities. Further, new hydraulic structures which change the character of the waterway may appear to create new opportunities for recreation
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Be Safe in the Water: Avoid Dams and Other Hydraulic Structures
Recreational activities in rivers, streams and lakes are enjoyed by millions of Americans every year. Paddle sports and other water based recreational activities have dramatically increased in popularity over the past twenty years. The American Canoe Association reports that 202 million paddle trips occurred during 2012. It is estimated that at least fifty million Americans have experienced canoeing, kayaking and other paddle sports. Of these, at least four million people consider themselves avid paddlers. In addition, specific activities have surged substantially in popularity. For example, kayaking has experienced an exponential growth since the 1990s. It is expected that participation in kayaking, canoeing and boating will continue to increase. The barriers of entry to these sports have fallen. Kayaks, canoes and other craft are becoming less expensive and commonly available through “super” sporting good stores.
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Ethical Issues Regarding Self Funded, ERISA Covered Health Benefit Plans and Subrogation Agreements
Recently, the New Jersey Advisory Committee on Professional Ethics addressed whether a lawyer who represents plaintiffs in personal injury lawsuits can be required to personally guarantee a client’s failure to repay an asserted reimbursement interest out of the personal injury recovery obtained with the services of the attorney to the client’s health plan. See https://www.judiciary.state.nj.us/notices/2013/n130927c.pdf. In Advisory Opinion 727, the Committee found that a lawyer may not agree to personally guarantee a client’s repayment of monies to a plan, however, a lawyer may agree to satisfy a valid lien out of funds in the lawyer’s possession.
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Ethical Violations From Misuse of Social Media
As discussed in a prior blog post, social media investigations can play a large role in a lawsuit. Recently, a defense law firm has been charged with alleged inappropriate activity using Facebook to obtain information about a plaintiff.
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Suzuki Bankruptcy Protection Limits Consumer Lawsuits
The American Suzuki Motor Corporation filed for bankruptcy protection in November, 2012 and stated that it would stop selling cars in the United States. The Chapter 11 restructuring petition was filed in United States Bankruptcy Court in Santa Ana, California. The plan allows the company to restructure so it can continue to sell Suzuki motorcycles, all-terrain vehicles, and marine outboard engines. Suzuki has been selling cars in the United States since 1985; the Samurai Sports Utility and the Swift Compact were its best known vehicles.
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Passenger Bus Crashes
Passenger bus crashes are unfortunately the cause of many injuries on New Jersey roadways. Generally speaking, they involve more complex issues than your typical car accident. These issues may include questions about the conditions of the bus, federal safety standards, the driver’s proper licensing to operate the bus, the driver’s competence or fault, or substance abuse issues. Further, many times there are other questions involved such as ownership and operation issues.
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