On behalf of Andrew Rubin, Esq. posted in Civil Litigation on Monday, May 20, 2013
It's that time of year when many New Jersey families take vacations. A number of children are probably pretty excited to get out to amusement parks and hop on roller coasters and other rides this season. A new study, however, might cause some concern for parents who are planning on taking their children to amusement parks or carnivals this summer.
The Center for Injury Research and Policy at the Nationwide Children's Hospital conducted a study that found almost 93,000 children were taken to emergency departments between 1990 and 2010 for amusement-ride injuries. The majority of the accidents took place between May and September, which means that an average of about 20 children a day are injured on an amusement ride during spring and summer.
On behalf of Andrew Rubin, Esq. posted in Legal Malpractice on Thursday, May 16, 2013
As we frequently discuss in this Newark Litigation and Appeals Law Blog, residents of New Jersey should be able to trust their lawyers. You hire a lawyer to protect your interests, after all, so if that lawyer fails to meet the standards of practice in handling your case it can result in damages to you. When that happens, people have the right to file legal malpractice claims against their lawyers in order to recoup damages and hold them accountable.
A legal malpractice claim that was recently filed in Maryland involves some very serious allegations. In that case, a lawyer has been accused of making a mistake that actually led to the murder of his client.
On behalf of Andrew Rubin, Esq. posted in Legal Malpractice on Thursday, May 9, 2013
In the aftermath of Michael Jackson's death, there have been a number of lawsuits and legal claims pursued. From disputes over the custody of his three children, to a wrongful death lawsuit against a concert promoter that is currently underway, to a recent child molestation claim filed against the late king of pop's estate--it seems that fame and controversy continue to follow Michael Jackson even after death. One lawsuit that has gotten a bit less press than these others is a legal malpractice claim filed by Michael Jackson's ex-publicist.
The woman is accusing her former lawyers of botching her claim against Jackson's estate for unpaid fees amounting to $44 million.
On behalf of Andrew Rubin, Esq. posted in Civil Litigation on Thursday, May 2, 2013
Anyone who has ever spent their hard-earned money to buy concert tickets only to have the concert suddenly canceled knows what an incredibly frustrating experience that can be. Concerts get canceled for a number of reasons--from the musicians becoming sick, to weather preventing travel to the concert's location. In some cases, contracts break down between the musicians and the venue or the concert promoter, which is apparently what happened with a concert that rapper Nas was scheduled to perform on New Year's Eve 2012.
That cancellation led a New Jersey-based concert promoter to sue the rapper for $10 million for breach of contract. Nas, however, says it was the promoter who breached the contract, and that the lawsuit should be dismissed.
On behalf of Andrew Rubin, Esq. posted in Employment Law on Thursday, April 25, 2013
Many employers in New Jersey use non-compete agreements with some employees. Non-compete agreements generally stipulate than an employee cannot leave the company to go work for a competitor. Or, if the employee can work for a competitor, the employee cannot solicit his or her previous employer's customers. Such agreements might also state that employees cannot share company secrets with any competitors.
In general, in order to be enforceable these agreements have to be limited in terms of timeline and geography. Typically, a non-compete agreement can only be binding for a year or two, and it should be limited to one particular marketplace. The particulars of those issues vary from state to state. New Jersey is now moving to restrict non-compete agreements even further, and both employers and employees in the state should pay attention to this legislation.
On behalf of Andrew Rubin, Esq. posted in Civil Litigation on Thursday, April 18, 2013
Going into business with family or friends can be a great experience. What could be better than being able to have your co-workers or business partners be people that you truly care about? While it can be great to work with family and friends to accomplish business goals, it can also lead to major problems. This is often, in part, because people fail to formalize business relationships when working with people they know well. For example, if you are going to hire your brother to do some work at your retail store, you might think that you do not need to spell out the terms of the deal in a contract--and that can get you into trouble.
Fans of the singer Shakira may have heard that her ex-boyfriend has filed a very large lawsuit against her. He is seeking $100 million from the star, claiming that he helped to build her international success and was the driving force behind some of her biggest hits.
On behalf of Andrew Rubin, Esq. posted in Civil Litigation on Friday, April 12, 2013
Part of building a successful business is developing a recognizable brand. Whether you run a large corporation in a major city or a mom-and-pop shop in a small town, success often hinges on the ability of consumers to easily identify a business with great products and services. This is one reason that trademark law is important. Businesses often protect their names or logos by registering them as trademarks; this protects other businesses from using the same name for their products or services, and piggy-backing off of the positive brand you have built.
Trademarks, however, can sometimes result in problems for businesses that mean no harm. A restaurateur in North Jersey recently learned this the hard way when he opened a restaurant in Wyckoff and named it Serafina, after his mother. A couple of months after opening, he heard from the owners of Serafina Restaurant Group in Manhattan that he was infringing on their trademark.
On behalf of Andrew Rubin, Esq. posted in Civil Litigation on Thursday, April 4, 2013
Many New Jersey residents know how dangerous distracted driving is and they pride themselves on avoiding such dangers-they don't use cellphones behind the wheel for talking or texting, they don't get too focused on adjusting the radio, and they even keep their kids from pestering them from the backseat. Avoiding these types of distractions make for great driving habits. A recent study, however, suggests that many New Jersey residents may be guilty of distracted driving even when their cellphones are turned off and their eyes are on the roads.
The study, performed by an insurer, found that the main type of distracted driving is simply daydreaming, or becoming lost in one's thoughts. It reported that this type of distraction was involved in 62 percent of fatal distracted driving accidents in 2010 and 2011. In second place was cell phone use, which was involved in only 12 percent of the fatal accidents analyzed.
On behalf of Andrew Rubin, Esq. posted in Legal Malpractice on Friday, March 29, 2013
When people are injured in car accidents here in the Newark area, they have the right to hold negligent drivers responsible. This is generally done through a personal injury lawsuit and it allows victims to recover money for their related medical expenses, lost wages and other costs.
It tends to be best to work with an attorney to file a personal injury claim rather than work directly with the driver's insurer, because insurers often try to minimize claims. In a recent case, however, a man says his attorney botched his personal injury claim causing him to miss out on compensation he needed for medical expenses.
On behalf of Andrew Rubin, Esq. posted in Employment Law on Thursday, March 21, 2013
Back in December we discussed some bills that were budding in the New Jersey legislature to address employers' inquiries into the Facebook accounts of their employees and job applicants. New Jersey's lawmakers have now passed an employment bill that would restrict employers' access to these Facebook accounts and it has been sent to Gov. Chris Christie's desk.
If he signs the bill into law, the employment law will prevent employers from requiring applicants to provide their personal login information for social media websites as a condition of employment.
