Javerbaum Wurgaft Attorney Jorden Pedersen Scores for Contractors Injured Abroad

By JW Law

Everyone who signs up to serve their nation in the military recognizes that duty includes risks. But people may not realize that private contractors working for the military also face risk of serious injuries or death.

And at times, corporations and insurance companies unfairly deny worker compensation, medical treatment or disability payments to the civilian contractors injured or killed abroad.
In a recent case, an American accountant was killed working for a company hired by the U.S. military to provide payroll services in Turkey. He was moving a piece of exercise equipment into his apartment when the building’s elevator malfunctioned. The contractor’s widow was denied compensation on the grounds that his death was supposedly “not work-related.”

She turned to Jorden “Nick” Pedersen of Javerbaum Wurgaft Hicks Kahn Wikstrom Sinins P.C., who specializes in helping private contractors killed or injured abroad while on the job for the U.S. government.

Pedersen filed a claim under the Defense Base Act (DBA), a little-known law that creates a worker-compensation system for federal contract employees working overseas. DBA, is an extension of the Longshore and Harbor Workers Compensation Act which is seldom used.

What is defense base act

“There could be 50 firms around the country doing it,” Pedersen recently told Super Lawyers, which has published an article highlighting Pedersen’s expertise. “I can only say with accuracy that there are very few firms in the country that handle this type of work.”

Super Lawyers Magazine article: Bases Covered.

“We are pleased to help those who risk their lives abroad, doing important work,” added Pedersen, who has been practicing for over 40 years.

“Nick is an exceptional attorney whose skill and unique specialty are a large part of why he represents hundreds of civilians injured overseas,” said Eric Kahn, managing partner at Javerbaum Wurgaft.

The Report Cards are in on New Jersey Hospitals: Where to Go and Where to Avoid

By JW Law

Although you may always be able to choose a specific doctor for treatment, in many situations you are not able to select the hospital. Emergencies causes us to go to the closest hospital or where the ambulance chooses to take you. It is very important to learn which hospital is the safest.

The Leapfrog Group, a non-profit healthcare watchdog organization, recently released a report, ranking every hospital in New Jersey as to where you are likely to develop an infection or get the wrong medication or have an avoidable fall. In New Jersey of the 68 hospitals evaluated, 27 earned an A and 20 earned a B which is an improvement over the last year’s evaluation. Although there were seven fewer Cs there were three D’s which is something that everyone needs to know.
hospital safety report
Just as important as the hospitals that received an A, the hospitals that received a D were:

Memorial Hospital of Salem County
St. Michael’s Medical Center in Newark
University Hospital in Newark.

“This information is essential to all residents in choosing where they and their loved ones go to the hospital” said Eric Kahn managing partner of Javerbaum Wurgaft. This was confirmed by Linda Schwimmer, president and CEO of the Health Care Quality Institute of New Jersey who indicated “we see again and again that hospitals that adopt the leapfrog survey as a quality improvement tool truly make safety a priority” and certainly that is what all consumers are concerned with when going to a hospital safety.

If you or a loved one believes that you have been injured at a hospital, call Javerbaum Wurgaft’s experienced medical malpractice lawyers, we are here to help.

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Javerbaum Wurgaft Attorney Andrew Moskowitz Obtains $375,000 Settlement in Age Discrimination Lawsuit

By JW Law

 

Case: DeGarcia v. Kean University

Date: December 2016

Attorney: Andrew Moskowitz

Settlement: $375,000

Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C. would like to congratulate, Andrew Moskowitz, of our Springfield office, for obtaining a $375,000 settlement in age discrimination lawsuit against Kean University.

The university agreed to settle with William DeGarcia, a former administrator, for $375,000 after he alleged that the college discriminated against him for his age. Mr. DeGarcia worked for Kean for nearly thirty-three (33) years.

At the end of August 2009, he was appointed as Acting Director II (D30) of the Exceptional Educational Opportunities/Educational Opportunity Fund (“EEO/EOF”) Program. The EEO/EOF was subsequently combined with Kean’s Spanish Speaking Program and Passport Program and renamed the Educational Opportunities Center (EOC).

 

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After nearly three and half years as Acting Director of the EOC and its predecessor, Mr. DeGarcia was informed in January 2013 that he had not been chosen for the permanent Director position and that; as a result, his employment was being terminated. At the time of his termination, Mr. DeGarcia was fifty-five (55) years old. Kean had prepared a list of employees with 25+ years of experience – which included Mr. DeGarcia – whom Kean sought to “transition to retirement.”

The individual chosen instead was a 37-year old with no managerial experience. Also, the individual who chaired one of the search committees repeatedly told Mr. DeGarcia that he had “been at Kean too long” and that she wanted “new blood” in the Department.

Finally, there was testimony that Kean’s President had stated to Kean’s Associate Provost and Associate Vice President for Academic Affairs that he had brought Mr. DeGarcia in to clean up the “mess at EOF” and that, “when it was all set up and running well, then he was going to fire him” because Mr. DeGarcia “had outlasted his usefulness.”

News of the agreement was reported by NJ.com.

Do you think you are being unfairly discriminated against because of age? Contact Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins. Our attorneys provide comprehensive legal representation to individuals who have been discriminated against in the workplace on the basis of gender, disability, race, age, and more. Call for a consultation to discuss your case and learn more about your legal rights at (973) 379-4200.

NOTE: Any information about verdicts or settlements obtained are based on the unique facts of each case. This amount reflects the gross recovery in the case (before attorneys’ fees and expenses are deducted).

Why Twitter Lawsuit Against the U.S. Should Matter to You

JW Law

Less than 24 hours after news broke that Twitter was suing the government agencies to protect the privacy of the person or persons behind the now popular anti-Trump Twitter account @ALT_uscis, the government backed off.

Twitter dropped its lawsuit against the government after informing a federal court that the Department of Homeland Security and U.S. Customs and Border Protection had withdrawn its request for information about an anonymous account that has critiqued President Donald Trump’s immigration policies and enforcement actions.

Last Thursday, Twitter filed a lawsuit to block the order by the law enforcement agencies to reveal the information about the parody account, whose name stands for alternative U.S. Citizenship and Immigration Service, including user names, account login, phone numbers, mailing addresses and I.P. addresses. In an earlier federal court filing, Twitter disclosed that last month it had received a summons to reveal the information.

So why does it matter?

Digital privacy has become a thorny issue that has brought government at loggerheads with technology giants. In the past, Apple refused to create a “backdoor” operating system that would allow the FBI to hack the phone of an accused in the 2015’s infamous San Bernardino shooting.

Twitter and other social media giants have constantly been defending its user’s First Amendment Rights. However at the same time, Twitter, in its most recent self-reported transparency report, said it provided user account information in 29% of “valid legal requests” from various government entities during the second half of 2016, down from previous reporting periods.

The company guidelines for law enforcement officials, define valid legal requests as “appropriate legal process such as a subpoena, court order or other valid legal process – or in response to a valid emergency request.”

They also added, “Requests for the contents of communications (e.g., Tweets, Direct Messages, photos) require a valid search warrant from an agency with proper jurisdiction over Twitter.”

Javerbaum Wurgaft attorney Rubin Sinins, who has successfully defended companies and individuals in criminal matters relating to social media, argued that new technologies pose complex problems when it comes to privacy. “We are vigilant in keeping up with the latest legal development and often seek to shape them,” he said.

Sinins served as amicus counsel before the New Jersey Supreme Court in establishing constitutional protection for cell phone users’ locations in a landmark case of State v. Thomas Earls (2013).

It is important now more than ever to protect your privacy.

Javerbaum Wurgaft Shareholders Rubin Sinins and Jack Wurgaft Named Top 100 Super Lawyers

 
Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins P.C., a premier litigation boutique with more than 40 lawyers in eight offices, announced today that shareholders Rubin Sinins and Jack Wurgaft have been named to the New Jersey Super Lawyers “Top 100” list for 2017.

RUBIN M. SININS - Partner
Sinins has been named to the top 100 list for the fourth time, due to his groundbreaking work in criminal matters. As both a Certified Criminal Trial Attorney and a Certified Civil Trial Attorney, a distinction held by fewer than 40 attorneys, Sinins represents individual and corporate clients in a host of legal contexts.

JACK WURGAFT - Partner

Wurgaft has also been named repeatedly to this prestigious list for his work in the field of medical malpractice. As a Certified Civil Trial Attorney, Wurgaft litigates complex civil cases, medical malpractice, product liability (MDL) and construction site accidents.

Along with Wurgaft and Sinins, 19 Javerbaum Wurgaft attorneys were also recognized as Super Lawyers in 2017 New Jersey list.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have distinguished themselves in their legal practice. The annual selections are made using a multiphase process comprising of peer selection and review, independent research, and professional achievement.

About Javerbaum Wurgaft partners Jack Wurgaft and Rubin & Sinins P.C.:

Founded in 1978, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C. is a litigation boutique with numerous attorneys certified by the Supreme Court of New Jersey in civil trial practice, criminal trial practice and workers’ compensation matters. The firm boasts six New Jersey locations, with offices in Springfield, Newark, Freehold, Jersey City, Mt. Laurel, and Elizabeth, as well as additional offices in New York City and suburban Atlanta. Practice areas include personal injury, criminal defense, workers’ compensation and numerous other litigation specialties.