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There is more than one way to skin a cat, or, as here, to win an appeal. Some ways of winning an appeal are obvious. Plaintiff wins at trial and that verdict is affirmed on appeal. Plaintiff loses at trial but wins a new trial on appeal. And then there is a third way to win an appeal.

The third way arose in a serious motor vehicle accident case. At 4:30 am, a lady was driving in New Jersey. A sign directed vehicles to merge to the left lane entering into a construction area. Ahead of her was a large garbage truck with mud obscuring its rear lights. The garbage truck was slowing down but did not use its brakes. By the time the lady saw the truck, it was too late and she crashed into the truck.

I represent clients who have sustained injuries in a vast array of circumstances: medical negligent, nursing home neglect, automobile accidents, injuries at job sites, or so many other circumstances. In all, these individuals require evaluation and treatment by medical professionals. We have learned to trust what these medical professionals do “must” be right just because they have the label of a “medical professional.” Of course they will be doing the assessments and procedures on patients. We want to believe that these professionals know best and what they do for an injured person will assist in their well-being. But the reality is that this does not always happen.

This morning the New Jersey Supreme Court issued its opinion in Morgan v. Sanford Brown Institute and found that the arbitration agreement, which Defendants claimed waived students’ rights to challenge any portion of the agreement in court, was unenforceable.  The Locks Law Firm appeared as amicus curiae on behalf of the New Jersey Association for Justice and I was privileged to argue the case before the Court this past December.

Annemarie Morgan and Tiffany Dever, the plaintiffs in the lawsuit, each entered into an enrollment agreement with Sanford Brown to take medical sonography courses.  The cost for sixteen months of courses was an astronomical $37,500.  Unfortunately for Ms. Morgan and Ms. Dever, they were not told that the course in medical sonography was unaccredited – meaning they could not receive the licenses they needed to work in the sonography field in New Jersey.

There is an event that falls between Memorial Day and Independence Day that is not known to many in the United States but has left its mark on an important aspect of our laws and our fundamental freedoms.  That day is Bloomsday.

The term “Bloomsday” is derived from Leopold Bloom, the main character of James Joyce’s masterwork, Ulysses, which chronicles his adventures over the course of one day in Dublin, Ireland - June 16, 1904.  Although many are familiar with Ulysses and its groundbreaking impact on modernist literature, Ulysses is lesser known for its impact on First Amendment jurisprudence in the United States.

Janet Lewis, Locks Law's Director of Sports & Athlete Relations, has recently published an article on sports concussions with the Philadelphia Business Journal.

Acknowledging the recent rise in public awareness of concussions, Lewis tackles some pervasive concussion myths and asserts the importance of properly protecting athletes from these life-altering injuries. Her full article can be read here.

If you have been searching for a lawyer, you have likely seen firms and attorneys advertising using logos for awards such as “Super Lawyers,” “Rising Stars” and “Best Lawyers.” In fact, Locks Law Firm has included those on their website and in various pieces over the years – and through today.  We are very proud of our attorneys and our firm for the hard work that is done on a daily basis representing clients who have been injured due to the fault of others.  And beyond the verdicts and settlements we secure for our clients, being recognized for that hard work and commitment is another satisfying piece of the outcome.  In fact, many of these awards are based upon peer reviews and who doesn’t appreciate it when your peer is, in essence, saying you’re doing a great job?

New Jersey's Appellate Division, in Weiner & Mazzei, P.C., and Phillip A. LaPorta, Esq. v. The Sattiraju Law Firm, P.C., recently released an opinion that clarifies the obligations of the attorneys when memorializing the referral arrangement in a particular case. This opinion is required reading for all practitioners to ensure that referring attorneys receive the attorney fees that they are entitled to.

In Weiner, the potential client reached out to Phillip LaPorta, an attorney and a family friend. The potential client alleged a workplace injury and a chance in employment. Mr. LaPorta did not handle that kind of law, and so he referred the potential client to Weiner & Mazzei. Weiner & Mazzei declined representation, but referred the client on to the Sattiraju Law Firm. The Sattiraju Law Firm eventually undertakes to represent the client as a plaintiff.

When former NFL player Bubba Smith died in 2011, his family took the steps to donate his brain and have it examined by the researchers affiliated with the Department of Veterans Affairs, Boston University and the Concussion Legacy Foundation.  Tuesday morning, the findings were released – Stage 3 chronic traumatic encephalopathy (CTE).

CTE is a degenerative brain disease that can cause cognitive impairment and problems with judgment.  It has been linked to repeated head trauma and in the 94 brains of former NFL players that Boston University has examined; they have found 90 to have had it.

In the United States of America, there is no question that punitive damages serve to protect society from reckless and indifferent conduct by corporations. This is the case because punitive damages are not awarded to compensate any particular plaintiff for their injuries or harm, but instead, punitive damages are “purely penal in nature” and serve to “deter” wrongful conduct. Hoy v. Angelone, 554 Pa. 134, 142 (Pa. 1998). This critical distinction cannot be understated as punitive damages embody a larger concept in our legal system that holds that reckless and indifferent corporate actions warrant the imposition of a monetary penalty; one that goes beyond the harm suffered by a particular plaintiff.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement annually, state-by-state.

This year, partners Marc. P. Weingarten (Pennsylvania, Super Lawyer – Personal Injury Products Liability, Plaintiff), Alfred M. Anthony (New Jersey, Super Lawyer - Class Action and Mass Torts), Janet Walsh (NY Metro, Personal Injury - Products), and Andrew P. Bell (NY Metro, Super Lawyer - Class Actions) have named to the 2016 Super Lawyers List.  Mr. Bell has been honored since 2012 and Mr. Anthony has received this honor since 2008.  Mr. Weingarten has been named to this prestigious list continuously since 2005.