New Jersey Law Extends Time to Sue for Sexual Abuse

Effective December 1, 2019, victims of sexual abuse will have more time to file claims against their abusers. The new law creates a 2-year window for a victim of childhood sexual abuse to file a lawsuit for previously time-barred actions. In other words, if the 2-year Statute of Limitations has already expired, as of December 1, 2019, victims will now have 2 years to file a lawsuit.

Partners Eric G. Kahn and Rubin M. Sinins have handled hundreds of these types of cases. “Whether it is the Boy Scouts, the Church, youth sports organization, group homes, private or public school, justice that has been delayed for years or decades can now be achieved for victims of childhood sexual abuse”, states Kahn. “Victims will now be compensated and violators will be held accountable”, added Sinins.

Goodman v. Burlington Coat Factory et al Civ # 11-4395(JHR)

On November 20, 2019, United States District Judge Joseph H Rodriguez issued a 45 page opinion and order certifying the plaintiff class as a collective action under the Fair Labor Standards Act, 29 U.S.C. Sec 216 et seq.

Plaintiffs’ counsel Michael Galpern of Javerbaum Wurgaft in Voorhees, New Jersey and co-counsel Seth Lesser of New York’s Klafter Olsen and Lesser have been litigating this matter for the past 8 years. James Barry of the Locks Law Firm is also co-counsel for plaintiffs. Judge Rodriguez held 4 days of a Daubert hearing on plaintiffs’ motion to strike the opinions of defense expert Robert Crandall, culminating in an opinion on September 19th, 2019 significantly limiting Mr. Crandall’s testimony. Judge Rodriguez’s Daubert ruling was a factor in plaintiffs receiving final certification yesterday.

Plaintiffs’ motion for final certification had been pending for a long period of time, and yesterday Judge Rodriguez issued his ruling certifying the 569 members of the class. Michael Galpern stated that they are extremely encouraged by Judge Rodriguez’s robust and well-drafted opinion. “We look forward to finally seeing justice for the hundreds of assistant store managers who have been the victims of Burlington’s continued and prolonged wage theft.” Mr. Lesser added that he and Mr. Galpern looked forward to taking the matter to trial stating, “we are confident that when a jury sees the millions of dollars that Burlington has saved by ignoring the overtime laws, we will prevail.”

For further information please contact:

Michael A. Galpern, Partner
Javerbaum Wurgaft Hicks Kahn Wikstrom and Sinins, P.C.
1000 Haddonfield-Berlin Road, Suite 203, Voorhees, NJ 08043.
e mgalpern@lawjw.com
p 856-596-4100
c 856-261-3545

Certified by The New Jersey Supreme Court as A Certified Civil Trial Attorney
Past President, New Jersey Association For Justice
Past President, Workers Injury and Advocacy Group (WILG)

Javerbaum Wurgaft Welcomes Steven Harz to Hackensack Office

Steven B. Harz has joined Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC as a Partner in its Hackensack office.

Harz brings vast experience representing clients in labor and employment law such as employment discrimination, wrongful discharge, National Labor Relations Act, and wage and hour laws before federal and state courts and administrative agencies. Harz’ clients range from large national and multinational manufacturing companies and financial, not-for-profit, and healthcare institutions, to small entrepreneurial businesses. Harz received his B.S. from St. Peter’s College, M.A. from New York University and J.D. from Widener University Law School.

Javerbaum Wurgaft Welcomes Mitchell Rait as Partner and Executive Director

Springfield, NJ, October 2019 – Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, is pleased to announce that Mitchell Rait has joined the Firm as Partner and Executive Director.

“Mitch brings to Javerbaum Wurgaft decades of law firm industry knowledge to help best serve our clients. In addition to administering and marketing our Firm, Mitch is a seasoned lawyer with well-rounded experience in employment law and other practice areas”, notes Eric G. Kahn, Managing Shareholder.

Rait, formerly Shareholder and Chief Operating Officer at Budd Larner, PC, will oversee business operations of the Firm and assist in its strategic growth.

He is a former Trustee of the New Jersey Association of Legal Administrators and a Past-President of the New York Legal Marketing Association. Martindale-Hubbell recognizes him as an AV® rated attorney, the highest such rating available to any individual lawyer.

Rait earned his J.D. from St. John’s University School of Law and his B.S. from New York University Stern School of Business.

Founded in 1978, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C. handles personal injury, medical malpractice, nursing home abuse and neglect, criminal defense, employment law, workers’ compensation and other litigation specialties. With numerous attorneys certified by the Supreme Court of New Jersey in civil trial practice, criminal trial practice and workers’ compensation, the Firm boasts seven offices throughout New Jersey as well as offices in New York City and Atlanta. Visit www.javerbaumwurgaft.com

Local Trial Attorney Offers New Level of Legal Services

Newton, NJ – The Partners at Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, P.C. are pleased to announce that Lauren D. Fraser has joined the firm’s growing team as a Partner. Fraser will focus her practice as a trial attorney with the firm’s Personal Injury group.

“We are excited to have Lauren Fraser join our firm. She is a talented attorney and litigator and her sense of service to our community fits our overall firm philosophy,” said Managing Partner, Eric G. Kahn.

“I am honored and grateful to have this opportunity to work with the exceptional attorneys and staff at Javerbaum Wurgaft, and to bring the vast legal experience and resources of this firm to my clients and community in Sussex County,” said Fraser. “This chance to bring the level of legal services offered by the Javerbaum firm to my clients and my community is incredibly exciting.”

Although Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, P.C. has its main office in Springfield, with the addition of Lauren Fraser, the firm has now expanded it’s reach into Sussex and Morris Counties. Fraser will maintain a local office at 145 Spring Street in Newton and will also work with firm partner, Gregg A. Wisotsky in the firm’s Morris County office.

Best known for its advocacy on behalf of seriously injured individuals, the Javerbaum firm, with over fifty (50) attorneys and offices in Springfield, Parsippany, Hackensack, Jersey City, Newark, Freehold, Union, Elizabeth and Mt. Laurel as well as New York City and Decatur, Georgia, also represents clients in Employment Law, Land Development and Criminal Defense.

Fraser, formerly the managing attorney of The Fraser Firm in Sparta, NJ, is a nationally recognized trial attorney in the area of Personal Injury Law. She has been listed as a NJ Super Lawyer for Personal Injury Law consistently since 2008 and has been named a Top 100 Trial Attorney in New Jersey by the National Trial Lawyers. Lauren is a frequent speaker and faculty member of the American Association for Justice; a Board of Governors member and speaker with the New Jersey Association for Justice; and the Sussex County Trustee to the New Jersey State Bar Association as well as the current Chair of its Auto Litigation Committee. She is a Past President of the Sussex County Bar Association (2014-15).

“Lauren brings with her a wealth of successful trial experience and a passion for helping seriously injured members of the community,” added Kahn, “We look forward to adding our firm’s support to further her work in Sussex and Morris Counties.”

For more information about Lauren D. Fraser and Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, PC, call 973-379-4200 or visit https://javerbaumwurgaft.com.

Attorney Eric Kahn settled $4.65M in drunk driving and dram shop claims

Managing Shareholder Eric Kahn wins $4.9MM Verdict against the United States Postal Service

Congratulations to our managing partner, Eric Kahn, for another incredible result on behalf of our clients. Eric settled a case against the United States Postal Service for $4,900,000. Unfortunately, this accident resulted in serious injuries to Eric’s 55 year old client, but the settlement will allow her to receive the medical care that she will require in the future. Claims against the Federal Government under the Federal Tort Claims Act (FTCA) can be complicated, but this an area of the law where Eric has developed a specialty.

Michael Galpern, Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom and Sinins, P.C. in Mount Laurel and Hackensack, and Stephen DeNittis, Partner at DeNittis Osefchen and Prince, announced today the filing of a class action complaint against HealthPlus Surgical Center. The class action complaint and jury demand is being filed in New Jersey Superior Court, Essex County on behalf of over 3,700 patients who were exposed to potentially life-threatening and disabling diseases such as Hepatitis B, Hepatitis C, and HIV. The complaint, based in part on admissions made by defendant, seeks medical monitoring and medical testing damages for exposed individuals and other injunctive relief.
Both Galpern and DeNittis have extensive experience in New Jersey class actions and medical injury claims. Both firms issued the following statement about the case: “Today we took the first step towards achieving a remedy for 3,700 citizens exposed to potentially deadly diseases through no fault of their own. The ounce of prevention which HealthPlus failed to initiate has now materialized into a potential public health disaster. We are hopeful that HealthPlus will understand the gravity of the situation and work towards meaningful medical monitoring to prevent a catastrophe.”

Mr. Galpern can be reached at :
Michael A. Galpern, Partner
Javerbaum Wurgaft Hicks Kahn Wikstrom and Sinins, P.C.
mgalpern@lawjw.com

Mr. DeNittis can be reached at :
DeNittis, Osefchen and Prince
Sdenittis@denittislaw.com

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Javerbaum Wurgaft Attorneys Successful on Appeals

Gregg Wisotsky, with the assistance of David Wikstrom, was recently successful before the Appellate Division in having a case that was previously dismissed by a trial judge restored! Gregg represents a client who fell and was seriously injured while walking across a poorly maintained driveway after stepping off of the sidewalk. The trial judge dismissed the case, finding that the defendants were immune to a lawsuit, relying on the longstanding proposition that residential homeowners are not liable for poorly maintained sidewalks that abut their property. The Judge dismissed the lawsuit, essentially treating this matter as a just another “sidewalk” case.

On Appeal, we argued that the trial judge failed to consider where our client fell, and misapplied the residential sidewalk immunity law since the fall did not in fact occur on a public sidewalk. The Appellate Division agreed, and reversed the dismissal of the case, and remanded it back to the trial court for trial.

In another matter, Eric Kahn, with the assistance of Annabelle Steinhacker, successfully argued an Appeal on behalf of an injured plaintiff whose case was dismissed, when she was represented by another attorney, after the case was mistakenly dismissed by a trial judge. Eric Kahn said that “cases must be decided on their merits, rather than procedural technicalities, and every person deserves an opportunity to have his or her day in Court”. The Appellate Division reversed the trial court’s procedural dismissal, and remanded the case for trial.

midtown Manhattan law firmJaverbaum Wurgaft is known for having many fine trial lawyers, but also has significant experience and success before the Appellate Division and the Supreme Court

Eric G. Kahn - Partner

Eric Kahn Installed as President of the North Jersey Chapter of ABOTA

On Tuesday, December 11, Eric G. Kahn, Managing Shareholder of our firm, was installed as President of the North Jersey Chapter of The American Board of Trial Advocates (ABOTA). The preservation of our civil justice system and the protection of the rights of our clients is at the core of the work we do at Javerbaum Wurgaft each and every day. ABOTA shares these core values, and works on a state and national level to protect our 7th Amendment right to a trial by jury, and the preservation of integrity in the legal field. The ABOTA Foundation uses it’s resources to teach lawyers and students the importance of our system of justice, and to increase the advocacy skills of attorneys.

Eric is a Certified Civil Trial Attorney who has been in practice for 25 years and has tried to verdict about 100 cases. He handles a broad spectrum of cases including sexual assault and abuse, auto and trucking accidents, medical malpractice and construction site accident cases, Eric uses his vast experience to be an effective advocate for his clients.

Eric is the immediate Past-President of the New Jersey Association for Justice, is a member of the New Jersey State Bar, is a certified member of the Million Dollar Advocates Forum, and has received multiple awards for his Pro Bono work. Eric lectures and moderates legal seminars frequently, both in the State and nationally. He also has obtained two jury verdicts in excess of $15,000,000.00

The Installation ceremony took place at the Park Avenue Club in Florham Park, N.J

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Women’s History Month – Women in the Law

March is Women’s History Month; a month federally designated to celebrate historical and contemporaneous contributions made by women. This month and every day, we at Javerbaum Wurgaft honor the myriad accomplishments achieved by women in the law.

While the national average for the last twenty years has seen women graduating law school at roughly the same rate as men, the advancement of women in the field has stagnated. A recent large firm survey found that women only comprise 21.46% of partners. When breaking that figure down between equity and non-equity partners, female equity partnership drops to an abysmal 17.4%.1 At Javerbaum Wurgaft, we confront inequities like this by seeking solutions internally and through active participation in the legal community.

Javerbaum Wurgaft is committed to supporting the promotion of women. Over the past several years, the women of Javerbaum Wurgaft have created opportunities for women to come together to network and engage in meaningful dialogues to address continued inequities in the profession. Every year, Diane Cardoso organizes a Ladies’ Networking spa day at the New Jersey Association of Justice’s Boardwalk Convention in Atlantic City. She also initiated an annual Ladies’ Networking Dinner at the New Jersey Association of Justice’s Meadowlands Convention. In July of 2016, Annabelle Steinhacker hosted a Women’s Networking Event addressing systemic sexism in the law and facilitating an open discussion aimed at practical solutions. These events provide unique opportunities for women to make professional connections and to organize and confront obstacles impairing the progress of women within the legal community.

To advance gender parity, the women at Javerbaum Wurgaft occupy leadership positions in New Jersey and national legal organizations. Diane Cardoso is a state revitalization delegate to the American Association of Justice. She also is a board member of the New Jersey Association of Justice, the Treasurer for the Hudson County Bar Association and a fellow of the New Jersey State Bar Association Leadership Academy for 2017-18. Judge Marguerite Simon serves as the Commissioner of the New Jersey Election Law Enforcement Commission and was selected as a member of the National Association of Distinguished Neutrals. Annabelle Steinhacker is a trustee for the Trial Attorneys of New Jersey. She also serves as a Director on the Board of Directors, at her alma mater, for the Maine Law Alumni Association. Laura Nicolette is the Young Lawyers Trustee to the Union County Bar Association. Jessica Bland is an adjunct professor at Seton Hall Law, and mentors second and third-year members of SHU’s Interscholastic Moot Court Board. By assuming leadership roles, the women of Javerbaum Wurgaft seek to include a broader perspective and greater access in New Jersey’s leading legal organizations.

All the women of Javerbaum Wurgaft maintain memberships among New Jersey’s many legal organizations including the New Jersey Association of Justice, the New Jersey State Bar Association, the Trial Attorneys of New Jersey, the New Jersey Women Lawyers Association, Brennan-Vanderbilt Inn of Court, and many of the county bar associations. In addition to active participation within organizations, the women of Javerbaum Wurgaft regularly lecture at legal symposiums ranging from NJICLE and NJAJ to the Women and the Law annual seminar hosted by the New Jersey Defense Association.

Backed by a consistently supportive roster of attorneys, both male and female, Javerbaum Wurgaft continues to be a change-maker in gender inequity in the State of New Jersey. Actively advocating for women by providing networking opportunities and a leading voice among the many legal organizations in our State ensures a stronger legal community accessible to all. A more diverse profession benefits not only the legal community but our clients as well. We are proud of our commitment to promoting women, to our continued fight against unconscious bias and systemic sexism, and to our promise to pursue greater accessibility and parity in the legal profession.

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