New Jersey Injury Lawyers Blog

State Lawmakers Take Steps to Curb Privacy Invasion, Cyber-bullying

October 7, 2010 | The Victor Rotolo Law Firm

New Jersey lawmakers are seeking stronger penalties for harassment crimes, including invasion of privacy and cyber-bullying in an effort to curb these violations.

This action is partially in response to the recent incident at Rutgers University where Dharun Ravi and Molly Wei, two students, allegedly videoed a third student, Tyler Clementi, in an intimate encounter and streamed it live over the internet. Clementi later took his own life. Ravi as well as Wei face charges of invasion of privacy, currently a third degree offense. These charges carry a penalty of up to three to five years in jail and/or a fine of up to $15,000. (1)

Senator Shirley K. Turner, a Democrat from Mercer County, has proposed legislation that would elevate invasion of privacy to a second degree offense. As such, it would carry a prison term of up to five to ten years and/or a fine of up to $150,000. The increased jail time, she hopes, would deter similar crimes from happening in the future. (2)

Congress Approves Bill to Protect Student Athletes

September 30, 2010 | The Victor Rotolo Law Firm

Concussions, if not properly managed, can have serious long-term effects and, in the most severe cases, can even result in death. On September 30, 2010, the House of Representatives, by a majority vote, approved a bill that would help protect student athletes from these serious ramifications. (1)

The Concussion Treatment and Care Tools Act (ConTACT Act) was written by Democrat Rep. Bill Pascrell. It would require that the Department of Health and Human Services hold a conference of professionals from the athletic, medical and educational fields to set guidelines for managing concussions, including setting standards for when student athletes should be allowed to return to their sport following a concussion. The bill would also allow for grants to be issued to states looking to purchase concussion testing equipment and institute concussion management policies. (1)

A concussion occurs when the brain is pushed around inside the skull and can be caused by a direct hit to the head or a sudden stop. Not every concussion causes unconsciousness. Symptoms, however, include dizziness, nausea, sensitivity to light/noise, headaches, and trouble concentrating. (2)

Did Johnson & Johnson Provide Enough Warning to Patch Users?

September 25, 2010 | The Victor Rotolo Law Firm

It was supposed to be the forgetful woman’s answer to birth control but now the Ortho Evra patch is the subject of an ongoing investigation and basis for numerous lawsuits against its manufacturer, New Jersey-based pharmaceutical company Johnson & Johnson. The question is whether or not Johnson & Johnson did enough to warn consumers about the higher risks associated with the patch. (1)

When it was first introduced in 2002, the patch was lauded as one of the year’s best inventions. But as popularity of the patch grew, so did evidence about the higher risks associated with the product. (1)

In 2005, the Food and Drug Administration (FDA) issued a warning to consumers that exposure to higher levels of estrogen put them at greater risks for serious side effects, including blood clots and strokes. A warning was then added to the label on the patch advising women that use of the product would expose them to approximately 60% more estrogen than if they used the pill. (2) Medical experts seem to think that is due to the fact that the patch delivers estrogen straight into the bloodstream on a continuous basis whereas, when in pill form, the hormone is dissolved and digested before entering the bloodstream in more diluted levels. (3)

New Jersey Lawmakers Want Tougher Penalties for Using Cell Phones While Driving

September 16, 2010 | The Victor Rotolo Law Firm

New Jersey lawmakers are considering legislation that would provide stiffer penalties for people who talk or text on their cell phones while driving – a move that would make New Jersey’s laws among the toughest in the country. (1)

New Jersey has had laws against the use of cell phones while driving in place since 2004. In late 2007, those laws were amended to make using cell phones without a hands-free device a primary offense. Prior to that, drivers could be cited for cell phone use only if they were pulled over for another violation. (2)

Last Monday, the Senate Law and Public Safety Committee in a 4-to-1 vote approved a bill increasing the penalties for cell phone use while driving. Under the proposed Law, penalties would be imposed on a graduating scale: the first offense would carry a fine of $200; a second offense within 10 years, $400; and the third offense, $600, plus suspension of a driver’s license for 90 days. (3) Current penalties carry a $100 fine.

Sexual Discrimination Complaint is No Laughing Matter

September 12, 2010 | The Victor Rotolo Law Firm

A former stage manager for the “Late Night with Jimmy Fallon” television show filed a sexual discrimination complaint with the U.S. Equal Opportunity Employment Commission (EEOC) alleging that he was demoted and later terminated from his job with the show because the late-night comedian preferred working with women.

Paul Tarascio of Oradell, NJ, filed the complaint against Fallon and the show’s producers alleging that the producers lied about Tarascio’s performance in order to remove him from his position and replace him with a woman. Tarascio alleged in the complaint that Fallon prefers to be directed by women and to work with female technicians only. (1)

Sexual or gender discrimination is no laughing matter. Last month a volunteer firefighter received a $15,000 settlement for her gender discrimination suit against the Clementon Fire and Rescue Company. The firefighter, Merrissa Garretson, alleged she was the victim of repeated derogatory comments from another firefighter. Garretson claimed that she was told an investigation of her complaint would be conducted, but instead her gear was taken from her locker and she was replaced on the fire truck by firefighters with less experience. In addition to the monetary settlement, members of the fire department were required to attend sexual harassment prevention training sessions. (2)

Leave Policies Must Be Flexible Enough to Accommodate Employees with Disabilities

September 12, 2010 | The Victor Rotolo Law Firm

Simply having leave policies in place is not enough to satisfy the Americans With Disabilities Act (ADA) if those policies are not flexible enough to “reasonably accommodate” employees with disabilities, contends the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC filed suit against Princeton HealthCare System, a Mercer County, NJ company last month for failure to “reasonably accommodate” its employees with disabilities in regards to its leave policies, which is a violation of the ADA. (1)

The EEOC recognized that Princeton HealthCare does have leave policies for its employees as required under the Family Medical Leave Act (FMLA) such as a 12-week leave. However, according to the suit, Princeton HealthCare does not approve extensions beyond the 12-week leave provided for under FMLA for its employees with disabilities. Per this lawsuit, Princeton HealthCare also has terminated employees with disabilities who did not qualify for leave under FMLA when they could not get back to work within the company’s seven-day deadline. (1)

Family Wins Racial Discrimination Suit against Sea Isle City

September 11, 2010 | The Victor Rotolo Law Firm

The second phase of a six-year battle finally came to an end this month when an African-American family was awarded $120,000 in settlement of a racial discrimination lawsuit against the Sea Isle City School Board. Previously, the family was awarded $550,000 in settlement of the portion of the suit involving the Town of Sea Isle City and its Police Department. (1)

The lawsuit was filed in 2004 by Doretha Waters-Rice and her son and granddaughter. According to the suit, Ms. Waters-Rice claimed that her son and granddaughter had been victims of racial slurs by teachers at the city’s schools. The suit also alleged that the granddaughter had been denied a part in a Christmas play because she was African-American. In addition, Ms. Waters-Rice claimed that the Sea Isle City Police filed false charges against her after she complained about the alleged racial harassment. (2)

In an unrelated case earlier this summer, the Justice Department announced that it had reached a consent decree that was expected to settle a case in which Green Brook Township was charged with discriminating against an African-American employee in its Department of Public Works. (3)

Age Discrimination is Unlawful Even in “At Will” State

September 9, 2010 | The Victor Rotolo Law Firm

Even though New Jersey is an “at will” employment state, the New Jersey State Supreme Court this past summer ruled that failure to renew a contract because of age is against the New Jersey’s Anti-Discrimination Law. (1)

The case involved Rose Nini, a former dean at Mercer County Community College, who claimed the College refused to renew her contract because of her age – 73. Nini had worked at the College for a total of 26 years under several contracts. In the spring of 2005, the College announced it would not renew her contract. (2) According to Nini, this was solely due to her age. The school, however, contended that since Nini was an “at will” employee, they acted within their rights in choosing not to renew her contract. (1)

“At will” employment basically means that employees have the right to resign from a job for any reason and employers have the right to terminate employees for any reason provided, of course, those reasons do not violate other rights protected under state or federal law. (3)

Schools Have an Obligation to Protect Against Bullying

September 2, 2010 | The Victor Rotolo Law Firm

Bullying among adolescents is serious behavior that requires serious attention. This was confirmed recently by the State Division on Civil Rights.

Reports on August 31 stated the Division found sufficient evidence to indicate that the Old Bridge Township Board of Education failed to take adequate action to stop reported incidents of bullying at its Jonas Salk Middle School and that the mother of the victim of that bullying may continue her suit against the Board. (1)

The mother’s complaint alleges her son was harassed by other students because of his religious affiliation and what they perceived to be his sexual preference. About 11 individual incidents involving 14 students reportedly occurred against the boy between September 2006 and January 2007. No disciplinary action was taken in two of the incidents because of insufficient information, but the school did dole out punishments ranging from warnings to in-school suspensions in the other incidents. Because these punishments did not stop the bullying, the Division determined the Board had not done enough. (1)

$7 Million Verdict in Mesothelioma Case Upheld by NJ Appellate Court

August 25, 2010 | The Victor Rotolo Law Firm

On Friday, August 20, the State Appellate Division upheld an earlier jury verdict awarding $7 million to a woman who claimed she contracted peritoneal mesothelioma by washing her husband’s work clothes. (1)

Both Bonnie and John Anderson worked for the Exxon Bayway Refinery in Linden, NJ, for a number of years; she as an electrician and he as a repairman, working on pumps, filters and pipes. While Bonnie Anderson’s job did not put her in direct contact with asbestos insulation, John Anderson’s did. When he first started working at the refinery, John had to remove the insulation from the pipes he was repairing. (2)