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An IEP derives from a governmental program (The Individuals with Disabilities Education Act – “IDEA”) and does not apply to every student with a disability. An IEP only applies to disabled students who apply to the program and are eligible. Section 504 is an anti-discrimination law and applies to every […]

On March 4, 2019, the New Jersey Supreme Court issued its opinion in Alexandra Rodriguez v. Wal-Mart Stores, Inc., No. A-2/3-17 (079470) (2019), a negligence case that stemmed from an injury Ms. Rodriguez sustained from a “falling clothing display rack” at Walmart. In lay terms, “symptom magnification” and “malingering” are fancy, […]

In the February 14, 2019 unpublished decision of Flores v. Flores (A-4841-17T2), the Appellate Division discussed the extent of a New Jersey Court’s “exclusive, continuing jurisdiction” over custody of a non-resident child as it relates to the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The issue presented in this […]

In Spentz v. Newark Housing Authority (A-5007-16T4), the Appellate Division affirmed the dismissal of plaintiff’s personal injury claims due to her failure to present objective evidence that her injury satisfied the Tort Claims Act’s (“TCA”) requirement of a permanent loss of a bodily function. In December 2013 the plaintiff fell […]

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