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Happy Fall !

From
Mark Law Firm
 
 
 

We hope you enjoyed our Summer installment of the Mark Law Firm Quarterly! If you would like to catch up, feel free to click here: www.NewJerseyAttorneys.com . There you will find our previous Quarterly Installments and a wide range of our noteworthy blog posts! As always, be sure to check us out through any of our social media outlets.

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Fall is finally here, which means back to the hectic school schedules, football games to attend, participating in fall festivities, and prepping for Halloween and all the rest of the upcoming holidays! While Autumn is packed full of things to do, be mindful of potential accidents and injuries that may lurk around the corner. An accident can happen anywhere at anytime. So, if you are injured or an accident occurs whether you're out trick-or-treating with family or friends, at a football game, or in the pumpkin patch, remember our team is here for you, and our consultations are always free! It is important to contact an experienced attorney who can guide you in the right direction. Now, we welcome you to our Fall Quarterly! This addition will touch on a multitude of topics such as:

  • New Jersey Law on Discrimination in Employment Positions
  • Sports Betting and Sports Injuries
  • New Jersey Law on Dog Bites
  • The Divorce Process: Do's and Don'ts Tips
  • Lifting Injuries and Workers'  Compensation
And lots more noteworthy posts and insight for your reading pleasure.
Enjoy!

Cheers to 10 Years !  
Mark Law Firm celebrated it's 10th Anniversary on Sunday October 16, 2016!! In honor of the Mark Law Firm's 10th Anniversary, and National Boss's Day, the team celebrated the accomplishments of Mr. Mark and the firm together on Monday October 17, 2016 with cake and a little bubbly!

Jamison Mark, founder of Mark Law Firm, was born and raised in a small town outside of Des Moines, Iowa. Mr. Mark earned his Bachelor's degree from Iowa State University, with a double major in Political Science and Psychology. Mr. Mark competed as an Academic All-Big 8 Athlete, lettered in Varsity track, and won many scholarships throughout his college experience. After Mr. Mark completed his undergrad studies, he packed up and moved to the east coast to attend Law School. Mr. Mark earned his Juris Doctor (law degree) from Widener University School of Law in Wilmington, Delaware.

Mr. Mark was privileged to begin his career as Assistant Deputy General for the Delaware Department of Justice. In 18 months, Mr. Mark tried 12 jury trials and over 60 non-jury trials. In 2001, Mr. Mark decided to leave Delaware and move to New Jersey. There,  Mr. Mark became licensed to practice in the State of New Jersey and the United States District Court for the district of New Jersey.  

Mr. Mark began his career in New Jersey working at defense firms, where he learned the law as it applies to employers and defendants. Mr. Mark has represented employees and citizens throughout New Jersey against multi-million dollar companies, as well as state and local municipal government, on all types of matters including:
 
  • New Jersey Civil Rights violations, 42 U.S.C. § 1983 and 1985
  • Employment-related claims, including claims under the New Jersey Law Against Discrimination (LAD), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), wage and hour and prevailing wage violations, Conscientious Employee Protection Act (CEPA), wrongful termination, breach of contract, defamation and infliction of emotional distress
  • Representation of clients who have been injured on the job in workers’ compensation proceedings
  • Residential real estate closings (buyer & sellers), condominium representation, landlord tenant disputes
  • Collections matters
  • Municipal court traffic and DWI matters
  • Add to dictionary
  • Wills and trusts
  • Small business formation
  • Personal injury cases, including slip-and-fall, auto accidents, animal attacks, intentional assaults, and more.

The Mark Law Firm is located in the great Basking Ridge community, which he and his team have become actively involved in. Mr. Mark is a member of the Chamber of Commerce, the Rotary Club, and his church. Mr. Mark has coached baseball, soccer, and softball. Mr. Mark is also heavily involved in gymnastics, cheerleading, and anything else his kids are involved in. Mr. Mark and his wife were high-school sweethearts, went to college together, have been married for over 20 years, and have three beautiful daughters.

The Mark Law Firm is made up of the best of the best. A team of attorneys who strive to obtain the best results for their clients. Each attorney cares deeply for their clients and do what they can to explain in detail what is going on in their case and how their case is progressing. The Mark Law Firm gives their clients reasonable options and generous advice. The Mark Law Firm has grown on its high standards of integrity, morals, and honesty. For the last 10 years, The Mark Law Firm has offered fair and honest advice and legal evaluations. The Mark Law Firm goes the extra mile for all of their clients. The firm helps to point their clients in the right direction, and are honest when explaining to their clients if their case is worth pursing or if there is an alternative to filing a lawsuit. At the Mark Law Firm, you are more than just a client. 

October Monthly Awareness
Breast Cancer Awareness Month
ADHD Awareness Month
Bullying Prevention Month
Domestic Violence Awareness Month
Pregnancy and Infant Loss Awareness
Down Syndrome Awareness Month
HALLOWEEN Oct. 31

November Observances
Love Your Lawyer Day Nov. 4
Election Day Nov. 8
Veteran's Day Nov. 11
International Selfie Day (Diabetes Foundation) Nov. 14
Thanksgiving Nov. 24
A T T O R N E Y  S P O T L I G H T
 Our newest member to the Mark Law Firm team
Alicia Tarei-Ochs, Esq.

Mrs. Ochs, graduate of Bernards High School, born and raised in New Jersey, joined our time in August 2016. Mrs. Ochs received her Juris Doctorate from New York Law School and her B.A. in Psychology and Political Science from Rutgers University. She is admitted to practice law in New Jersey, New York, and the United States District Court for the District of New Jersey. She is a member of the American Bar Association, New Jersey State Bar Association, New Jersey Women Lawyers Association, as well as the Labor and Employment Law section of the New Jersey State Bar. Mrs. Ochs has spent most of her career representing both Plaintiffs and Defendants in employment related litigation, with a primary focus on discrimination, harassment, retaliation, and whistleblower maters. Mrs. Ochs also focuses on  areas such as workers' compensation, personal injury, real estate, and landlord-tenant disputes. When Mrs. Ochs is not in the office, you can find her cooking, crafting/DIY projects, and playing with her baby girl and pekingese!
RECENT SETTLEMENTS
September - October
Premises Slip & Fall - $200,000.00
Auto/Personal Injury - $130,000.00
Auto/Personal Injury -- $100,000.00
Auto/Personal Injury - $85,000.00

CEPA- $80,000.00 
Disability Discrimination - $75,000.00
   
 

Law on
Job Discrimination

Federal Equal Employment Opportunity (EEO) Laws



In New Jersey, victims of discrimination can file claims with two primary agencies. The Equal Employment Opportunity Commission (EEOC) handles discrimination claims at the federal level, while the NJ Division of Civil Rights (DCR) handles discrimination claims at the state level.  At the federal level, the Equal Employment Opportunity Commission (EEOC) handles discrimination claims, while the New Jersey Division of Civil Rights (DCR) typically handles discrimination claims at the state level. 

Laws Prohibiting Job Discrimination:

  • Title VII of the Civil Rights Act of 1964 (Title VII)--  prohibits employment discrimination based on race, color, religion, sex, or national origin;
  • Equal Pay Act of 1963 (EPA)--  protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
  • Age Discrimination in Employment Act of 1967 (ADEA)-- protects individuals who are 40 years of age or older;
  • Title I and Title V of the Americans with Disabilities Act of 1990(ADA)--  prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
  • Sections 501 and 505 of the Rehabilitation Act of 1973-- prohibits discrimination against qualified individuals with disabilities who work in the federal government;
  • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)-- prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and
  • Civil Rights Act of 1991-- provides monetary damages in cases of intentional employment discrimination.
  • United States Equal Employment Opportunity Commission (EEOC)-- provides oversight of the equal employment opportunity policies.

Discriminatory Practices Prohibited by These Laws include:

  • hiring and firing;
  • compensation of employees;
  • classification of employees;
  • job recruitments, transfers, promotions, and layoffs;
  • job advertisements;
  • training programs;
  • benefits;
  • pay, retirement plans, and disability leave;

Discriminatory practices under these laws also include:

  • harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age;
  • retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
  • employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; and
  • denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability.
  • Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

IT'S THE LAW:
Employers must post notices advising their employees of their rights under EEOC laws- posts MUST be visible and accessible to all persons, as needed.

What Relief is available?

  • back pay, front pay;
  • hiring, promotion, reinstatement,
  • reasonable accommodation,

Remedies also may include payment of:

  • attorneys' fees,
  • expert witness fees, and
  • court costs.
If you find yourself in a position where you believe your rights have been violated, contact an experienced and knowledgeable attorney who can guide you in the right direction.

 
New News in NJ

NJ's Sports-Betting Case bumped to
Supreme Court

Almost two months after the United States Third Circuit Court of Appeals denied NJ's plan to offer legal sports betting in places like Atlantic City and statewide racetracks, earlier this month, New Jersey attempted a final effort to make the idea of legal sports betting a reality, and the case was bumped up to the United States Supreme Court.

According to ESPN reporter David Payne Purdum, Senator Lesniak expresses how legal sports betting will boost our economic activity by millions of dollars and would save thousands of jobs for New Jersey. New Jersey has been pushing to legalize sports betting since 2011. However, the idea has been opposed by many professional sports leagues such as the NBA, NHL, MLB, NFL, and the NCAA. The sports teams cliam that legalizing sports betting would hurt the integrity of their games, and would be a violation of their 1992 federal ban on sports betting.

The fate of this case now lies in the hands of our Supreme Court Judges.

NJ Fun Fact


DID YOU KNOW? The tomato was put “on trial” on September 25, 1820 in Salem, New Jersey? People thought tomatoes were poisonous until Robert Johnson ate an entire basket of tomatoes in front of the courthouse, to prove they were not poisonous. The crowd waited for him to keel over dead. He never did.

Sports Injuries- Where Does the Law Fall?

Sports are meant to provide fun for all those who participate in them. Many times, there are instances where someone gets injured. Whether it be a traumatic impact or an injury caused by overuse of a particular body part, sports injuries can be a very serious issue. Generally, legal claims regarding sports injuries have to do with traumatic injuries rather than the overuse of a body part. Having said that, if another individual is found to have caused the injury, it may form the basis of a lawsuit. 

Sports injuries usually involve two types: negligence and wanton or willful conduct. With the negligence standard,  the injured party must prove there was a breach of duty which caused the injury. For the wanton or willful conduct standard, the defendant can be liable for the injury if their willful or wanton conduct was the cause, and their conduct was intentional. 


As of now, New Jersey Law states an individual not to be liable for injuries caused as a result of negligence. For example, if a baseball player slides into home and injures another party, is not actionable. Having said that, if the act was reckless or intentional, that player may be held accountable for the actions which caused the injury, as well as, the damages. If you are injured as a result of another person's intentional act or wanton conduct, you have the legal right to recover any damages and compensation for the costs to tend to the injury. 

Injuries are inevitable, especially for certain sports, and they often occur when least expected. While there is an understanding that there is some risk in participating in certain sports, if an injury occurs that is not normally part of the sports play, and is not the fault of the injured individual, it may be possible to file a sports injury claim with an attorney. If your injuries are less serious, for instance, a soft tissue injury, you can most likely handle the claim on your own. However, if it was a more serious injury, you may need to retain a personal injury attorney who can help guide you in the right direction. 

Many personal injury claims involve a person or establishment failing to fulfil their legal obligations.

GET THE GUIDE: Explore Seasonal Liability Issues for FREE!!

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The Mark Law Firm are Proud & Active Local Sponsors of the Following:
The Valerie Fund
The Daniel Galorenzo Foundation
PEC 5K

William Annin Middle School PTO
Oak Street Elementary School- The Harlem Wizards
Cedar Hill Fundraisers / PTO
Ridge High School Rugby Team
Ridge High School Touchdown Club
Ridge High School Basketball Team

Basking Ridge Baseball Club
Basking Ridge Girls on the Run
Basking Ridge Turkey Trot
Compensation in New Jersey for 
Lifting Injuries

 

Lifting injuries caused by daily workplace tasks, sometimes happen when you least expect it. These injuries occur from sudden drama or strain on the muscles, ligaments, or tendons, and a majority of these injuries affect the lumbar region of the back. Anyone who's had a back injury or strain knows the pain, it's horrible, not to mention, the pain takes weeks, even months to finally simmer down and start to feel better. 

If you or someone you know, has been involved in a work-related lifting injury, you have the right to file a workers' compensation claim. New Jersey is a "no-fault" state for workers' compensation. No-fault means, a person injured on the job can receive compensation benefits regardless of who was at fault for the injury. It is important to be aware of the workers' compensation benefits that are available in New Jersey. These benefits include: 

  • Medical Benefits- Workers' comp pays 100% of medical bills, hospital stays, and prescriptions.
  • Temporary Total Disability- available for injured employees unable to work and are receiving medical care. Usually given 70% of employee's gross average weekly wage.
  • Permanent Partial Disability- entitled to ongoing benefits. The amount you receive weekly depends on the type of injury (specifically, the part of your body), and the severity of the injury. These benefits begin after Temporary Total Disability benefits end.
  • Permanent Total Disability- permanent benefits are available if you are unable to return to any work due to the injury. Benefits are usually 70% of gross average weekly wage. Benefits are available for life.
In New Jersey, the employer or insurance carrier is obliged to inform you of the doctor you're supposed to see for your injury. However, if you do not feel like you are receiving the proper care you believe is necessary to treat your injury, you can file a motion and a judge will then determine whether you are entitled to additional or different treatment. 

Workers' Compensation Claims are a process, like any other claim. If you have been injured at work, you must first notify your employer as soon as possible after the injury. Then it is important to fill out a "first report of injury" form, where you are asked to explain the cause and nature of the injury sustained. After you file the required form, it is important to file a claim with the Division of Workers' Compensation. The statute of limitations for a workers' compensation injury is two years from the date of injury. Remember, workers' compensation claims are not lawsuits, they are similar to claims against a health care provider. However, there are instances where it is possible for you to file a separate negligence claim against your employer. 

It is the duty of the employer to protect their employees from harm and physical injury in the workplace. If for any reason, the employer does not provide its employees with proper safety equipment, or does not keep the areas free from dangerous conditions, a third-party claim can be made by the injured worker for additional compensation for injuries sustained on the job. In order to file a third-party claim, the injured employee must prove that their employer had "blatant disregard for the worker's safety". Showing an employer was negligent is not enough evidence to sustain a successful third-party claim. 

If you have suffered a severe injury, and/or have become disabled due to the workplace injury, it is important to consult with a workers' compensation and personal injury attorney. Before you sign any paperwork or documents in regards to resolving a claim you filed on your own, you should contact an experienced attorney to help you navigate through your documents. 
Injured on the job? Know Your Rights!
GET THE GUIDE: Explore 5 Essentials you MUST know about Workers' Compensation for
FREE!!

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New Jersey Law on Dog Bites



Like all cases, New Jersey sets deadlines, known as the statute of limitations, for filing a case against another party. In the instance where a dog bite occurred, the victim has two years from the date of the injury to file a lawsuit in court. 

In New Jersey, dog bites are covered under N.J.S.A. 4:19-16, a "strict liability" statute which says: 

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness. 

Since this statute is a "strict liability" statute, it means a person who was bit by a dog in New Jersey, does not need to prove the negligence or carelessness of the owner. All that needs to be proven is that the dog bite occurred. In New Jersey, an owner can file a defense claim on the argument that the dog bite occurred because the victim was trespassing. In many strict liability states, there has been a defense made for provocation: when a dog is either provoked, teased, or abused, the owner is not held liable for outcome. However, in the state of New Jersey, that defense does not hold in the statute. In order for NJ's dog bite statute to apply, the victim must have been on public property or lawfully private property. However, if the victim was unlawfully on private property, the statute does not apply. 


It's important for dog owners to know the state laws that regulate dog bites and injuries. Whether you were a victim of a dog bite injury, or the owner to a dog who has been accused of biting another person, get in touch with an attorney who can protect your rights under the New Jersey law and who can provide you with the best direction for your case. 


Navigating Through the Divorce Process:
Simple Do's and Don'ts


We all know divorce is a lengthy, and emotionally draining process. To make the divorce process less exhausting, here are a few tips of what to do and what not to do, to keep yourself calm, cool, and collected during your divorce. 

Do Cooperate: Cooperation is key to a quicker and easier result in a divorce case. Try your best to reason with your ex, no matter how hard it may be.

Do Continue being Parents: it is a must that both parents support their children throughout the divorce. It is a lot harder on them than on you. 

Do Agree on Custody Arrangements: do your best to accommodate one-anothers schedule. Let the other spouse know when you are taking the children on vacation, and remember to always spend as much time with your children, as possible! Now that parenting time is cut in half, time is of the essence.

Do Disclose Assets: the Judge will easily throw out a case if there is some sort of financial deception. be sure to fully disclose all assets and property, both pre-marital and marital. 

Do Your Research and Ask Questions: do your research on divorce terms, paperwork, child-support, spousal support. It would be good to read up on this stuff so that you are well-informed. Anything you do not understand? Reach out to your attorney with any questions or concerns; your attorney works for you.

Don't Violate Court Orders: don't violate any temporary custody or visitation arrangements. Make sure child support is paid in a timely manner.

Don't Be Difficult: no matter how frustrating it may get, keep your cool. Be a role model for your children.

Deciding to get a divorce is one of the most difficult life-decisions you'll ever make. If divorce is something you've thought long and hard about, and believe it's the right thing for you, finding the right attorney can make all the difference. The right attorney means one who's willing to fight for what you deserve. It's crucial for your case to have an attorney who is effective, efficient, compassionate and understanding to your unique situation, and will move you through the divorce as quick and pain-free as possible. Dividing up the pre-marital and marital assets can be difficult, and what makes the process even more difficult is when there's children involved. That is why it is important to find an experienced, professional, and compassionate attorney to have by your side. 

 

CALL US TODAY FOR A FREE PERSONALIZED CONSULTATION!
908-626-1001


VISIT US AT ANY OF OUR NJ LOCATIONS
403 KING GEORGE ROAD, 
SUITE 201 
BASKING RIDGE, NJ 07920


ONE GATEWAY CENTER,
SUITE 2600
NEWARK, NJ 07102
973-384-1616

466 KINDERKAMACK ROAD
ORADELL, NJ 07649
201-431-7541

101 HUDSON STREET,
SUITE 2100
JERSEY CITY, NJ 07302
201-787-9406

922 MAIN STREET,
SUITE 304
PATERSON, NJ 07503
973-404-0490


THIS IS NOT AN ADVERTISEMENT.  These materials have been prepared by the Mark Law Firm, LLC for general informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Every case is unique. The information contained in this email is not intended to substitute for the advice of an Attorney. Subscriber should not act upon this information without seeking professional legal counsel. 
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