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Nutley Law Blog

Online sexual harassment can lead to lawsuits

In the past, sexual harassment used to be something that had to happen face to face -- but the electronic age has ushered in new opportunities for the inventive predator.

Or, maybe it's just that the physical distance and sense of anonymity (even when you're not hiding your identity) created by a computer makes some people bolder and willing to take chances they wouldn't take in person.

Should you see the dentist after an auto accident?

You may have clenched down pretty hard when you had your auto accident, particularly if the blow came from behind or you saw it coming and tensed up.

However, since you didn't have any broken teeth and there's no dental pain, you surely don't need a dentist, right?

Fourth of July fireworks failures can lead to future lawsuits

Barbecues and fireworks are an American tradition on the Fourth of July -- but playing the host with the most fireworks in town can cause serious trouble.

If you're thinking of hosting a barbecue or backyard party for your friends and relatives this Fourth of July, there are some sobering statistics you need to keep in mind:

Employers cannot penalize disabled employees for using sick leave

New Jersey residents enjoy some of the fiercest legal protections in the nation when it comes to disability rights and the workplace.

It also has one of the broadest definitions of disability in the nation. Under the law in New Jersey, virtually every mental and physical disorder is considered a disability if it somehow interferes with an individual's ability to function normally. That's an incredibly wide definition that employers would do well to note before they make decisions that could come back to haunt them.

New Jersey family files lawsuit over hazing death

A New Jersey teenager's family plans to file a wrongful death claim against Penn State University and Beta Theta Pi fraternity over the hazing death of their son. Eighteen fraternity members are already facing criminal charges as a result of the death.

Hazing rituals used to be a commonly accepted rite of passage among fraternity members, but deaths among students at different campuses across the nation have caused most universities and colleges to crack down on the initiation rites.

Do intentions matter when you're being harassed at work?

How much do someone's intentions matter when they're harassing you?

When your harasser seems to generally enjoy the apparent goodwill or tolerance of everyone else in the office, it can be difficult to be the lone voice of dissent or the only person brave enough to speak up against the status quo.

View sensitivity training as an opportunity

Nothing is likely to make at least half the office -- probably the males -- groan louder than the words "sensitivity training" and "mandatory" when used in the same sentence.

However, that's exactly what employees at Fox News were hearing shortly after political pundit, Bill O'Reilly, was forced from his job and talk show amid allegations of long-term sexual abuse.

What makes a workplace ripe for discrimination?

What makes one company or office a breeding ground for hostility and discrimination while others never have a hint of trouble?

The Equal Employment Opportunity Commission (EEOC) asked this same question in an effort to identify workplace elements that lead to harassment. These are just some of the factors they found:

False-negative results on mammograms lead to delayed treatment

A false-negative result on a mammogram, where the cancer is either overlooked or doesn't show on test, occurs in 1 out of every 2,500 women.

Young women, because of their denser breast tissue, are particularly vulnerable to false-negative results. Other times, the radiologist just isn't as skilled as he or she should be, and an obvious issue on the x-ray film is missed.

The top three reasons you might want a trust in your estate plan

If you have substantial assets, you probably already know that having a will is smart. There are a lot of reasons to take the time to create a legally sound last will and estate plan. Many people don't realize that an estate plan with a properly created trust can also be a wise decision. Trusts are legal devices that allow the person creating an estate more power over important decisions, including medical care in situations that involve physical or mental incapacitation.

Three of the top reasons why people consider trusts are:

  • Having special needs children or grandchildren
  • Concern about declining health: medical directives
  • Tax issues for larger estates

If you have a child in your life who requires special interventions, a special needs trust may be the best option for protecting the child in the event of your death. If your family has a history of serious medical issues, like Alzheimer's disease or multiple sclerosis, a revocable or living trust that spells out your medical wishes may be wise. Larger estates can also benefit from trusts, which can help with tax issues.

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