SUPERSTORM SANDY ISSUES FOR INSURNACE AGENTS
On April 30 and May 1, 2013, Gilbert S. Leeds and Jeffrey T. LaRosa led an Insurance Agent E&O course that provided insurance professionals with an in depth analysis of issues that have arisen or may arise as a result of Superstorm Sandy. The discussion also included comments from a Swiss Re/Westport, Vice President Claim Expert as well as from an independent agent consultant. The seminar analyzed other recent catastrophic losses such as 9/11 and Hurricane Katrina and addressed potential claims that agents and brokers may face as a result of Superstorm Sandy. The seminar provided attendees with some risk management techniques to avoid or limit exposure for Superstorm Sandy claims and for future catastrophic losses.
Schenck, Price, Smith & King Announces its 2013 New Jersey Super Lawyers
Schenck, Price, Smith & King, LLP congratulates the following attorneys who have been selected for inclusion in the 2013 edition of New Jersey Super Lawyers.
John M. Bowens – Business Litigation
Richard J. Conway, Jr. – Environmental
John M. DeMarco – Real Estate
Roy J. Evans – Business Litigation
Stephen B. Fenster – Insurance Coverage
Eric A. Inglis – Business Litigation
James A. Kassis – General Litigation
Jeffrey T. LaRosa – Business Litigation
Gilbert S. Leeds – Civil Litigation Defense
Gary Mazart – Estate Planning & Probate
Basil F. O’Connor – Estate Planning & Probate
Monica E. Peck – Schools & Education
Regina M. Spielberg – Elder Law
Gary F. Werner – Construction / Surety
Shirley B. Whitenack – Elder Law
Marc H. Zitomer – Schools & Education
Schenck, Price, Smith & King, LLP also congratulates the following attorneys who have been selected for inclusion in the 2013 edition of New Jersey Super Lawyers - Rising Star Edition.
John P. Campbell – Personal Injury Defense: Products
Crystal West Edwards – Elder Law
Cynthia L. Flanagan – Employment & Labor
Kimberly E. Lomot – Banking
Joseph L. Roselle – Schools & Education
Ryder T. Ulon – Construction Litigation
Shirley B. Whitenack continues Leadership Role in NAELA
March 6, 2013
Shirley B. Whitenack has been elected Vice President of the National Academy of Elder Law Attorneys (NAELA) for 2013-2014. She previously served as Treasurer from 2012-2013. NAELA is a professional association of over 4,200 attorneys who are dedicated to improving the quality of legal services provided to seniors and people with special needs. NAELA members assist their clients with public benefits, probate and estate planning, guardianship/conservatorship, and health and long-term care planning, among other important issues.
Schenck, Price, Smith & King, LLP Welcomes John E. Ursin as a Partner and Announces Plans to Open a Sussex County Office
January 28, 2013
Schenck, Price, Smith & King is pleased to announce that John E. Ursin has joined our Firm as a partner and will become the resident partner for the Firm's newest office in Sussex County.
Mr. Ursin serves as counsel to banks, insurance companies, construction companies, local municipalities and other local governamental units.
Mr. Ursin was born and raised in Sussex County and has lived in the county all of his life. Mr. Ursin will bring to SPSK an in-depth understanding of the western New Jersey business community. He has been a leader in the legal profession in the area, having served as President of the Sussex County Bar Association and Chairman of the District X Fee Arbitration Committee. He was recognized as a Top 40 Lawyer in New Jersey under the Age of 40 by the New Jersey Law Journal. Mr. Ursin has been extremely active in the non-profit community in Sussex County, presently or recently having served on the Boards of Pope John XXIII High School Endowment Fund, Birth Haven, Project Self-Sufficiency of Sussex County, Newton Medical Center's Festival of Lights Committee, and the Finance Committee at his church. Most recently, he served as Co-Chair of the Perona Farms/Hudson Farm Foundation Game Dinner which raised over $100,000 for eight (8) Sussex County charities.
The addition of John Ursin continues SPSK's expansion into the western New Jersey legal market. Mr. Ursin will maintain offices in both Sussex County and Florham Park.
Schenck, Price, Smith & King Announces its 2012 New Jersey Super Lawyers
Schenck, Price, Smith & King, LLP congratulates the following attorneys who have been selected for inclusion in the 2012 edition of New Jersey Super Lawyers.
John M. Bowens - Business Litigation
Richard J. Conway, Jr. - Environmental
John M. DeMarco - Real Estate
Roy J. Evans - Business Litigation
Jeffrey T. LaRosa - Business Litigation
Stephen B. Fenster - Insurance Coverage
Gilbert S. Leeds - Civil Litigation Defense
Michael J. Marotte - Business/Corporate
Gary Mazart - Estate Planning & Probate
Basil F. O’Connor - Estate Planning & Probate
Monica E. Peck - Schools & Education
Regina M. Spielberg - Elder Law
Gary F. Werner - Construction/Surety
Shirley B. Whitenack - Elder Law
Marc H. Zitomer - Schools & Education
Schenck, Price, Smith & King, LLP congratulates the following attorneys who have been selected for inclusion in the 2012 edition of New Jersey Super Lawyers - Rising Stars Edition.
Robin S. Ballard - Schools & Education
John P. Campbell - Personal Injury Defense: Products
Crystal West Edwards - Elder Law
Cynthia L. Flanagan - Construction Litigation
Peter A. Marra - Health Care
Ryder T. Ulon - Construction Litigation
Health Care Reform
June 28, 2012
Today the U.S. Supreme Court upheld the most controversial provision in the Patient Protection and Affordable Care Act (“Affordable Care Act” or “Act”) by a vote of 5 to 4 in National Federation of Independent Business et al. v. Sebelius, 567 U.S. ___ (2012), available online at http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf. The Court held that the individual mandate of the Affordable Care Act, which requires most Americans to maintain “minimum essential” health insurance coverage, 26 U.S.C. §5000A, (referred to hereafter as the “individual mandate”), may be upheld as within the Congress’s power under the U.S. Constitution’s Taxing Clause. Chief Justice John Roberts, writing for the majority of the Court, noted that the individual mandate need not be read as punishing unlawful conduct. Rather, it may also be read as imposing a tax on those who forego insurance. In upholding the individual mandate, the Court stated that “precedent demonstrates that Congress had the power to impose the exaction in §5000A under the taxing power, and that §5000A need not be read to do more than impose a tax. That is sufficient to sustain it.”
The Court also considered the Act’s expansion of Medicaid coverage to all individuals under the age of 65 with income below 133 percent of the poverty level. The Act provides that a state which does not participate in the Medicaid expansion would lose all of its Medicaid funding. The Court held that the Medicaid expansion violates the Constitution by threatening the states with loss of their existing Medicaid funding if they decline to comply with the expansion. The Court held that the Constitutional violation is remedied by precluding the government from applying the Act to withdraw existing Medicaid funds. As such, the Medicaid expansion is upheld so long as the government does not withhold existing Medicaid funds from those states that decline to participate in the Medicaid expansion. Such states will simply not receive the extra funding associated with the Medicaid expansion. The Court held further that the remedy does not require striking down other provisions of the Affordable Care Act and those remain unaffected.
Chief Justice Roberts concluded by stating “the Court does not express any opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people.”
DISCLAIMER: This Legal Alert is designed to keep you aware of recent developments in the law. It is not intended to be legal advice, which can only be given after the attorney understands the facts of a particular matter and the goals of the client. If someone you know would like to receive this Legal Alert, please send a message to Brian M. Foley, Esq. at email@example.com. Mr. Foley is co-chair of the Health Care Law Practice Group at Schenck, Price, Smith & King, LLP.
John M. Bowens Addresses Cyber Risks
June 19, 2012
John M. Bowens and a panel of leaders in the public and private arena, held a breakfast discussion on cyber risks and possible solutions.
SPSK Successfully Obtains Dismissal of Claims in Federal Lawsuit Against Supreme Court of New Jersey and its Advisory Committee
Mar. 27, 2012
John M. Bowens and Gilbert S. Leeds successfully obtained the dismissal of claims in a federal lawsuit brought against their client in the Supreme Court of New Jersey and the Advisory Committee on Judicial Conduct. A former municipal court judge brought suit on a variety of grounds against the Supreme Court and its Advisory Committee arising out of his discipline for engaging in a consensual relationship with his bailiff and failing to report to it as required by the judicial code of conduct. The Court accepted arguments that the Supreme Court and the Advisory Committee were entitled to a variety of immunities and that the claims made by the plaintiff failed to rise to a justiciable level.
Gary Mazart Elected to Daytop NJ Board of Trustees
Mar. 22, 2012
Gary Mazart has been elected to the Board of Trustees of Daytop NJ, a residential substance and alcohol treatment program for adolescents.
Headquartered in Mendham, NJ, Daytop's Campus also houses an out-patient treatment program and a full-education preparatory school.
The Mission of Daytop-NJ is to deliver to male and female adolescents a comprehensive substance abuse and co-occuring mental health treatment and education program. The program is individualized, family-based, cost-effective, peer-oriented and multi-disciplinary in nature. Special emphasis is placed on treating those adolescents without adequate financial resources and/or in need of an alternative to incarceration.
If you would like more information regarding the Daytop-NJ program, please visit their website at www.daytopnj.org
Jury Awards $1.5 Million to Man Severely Injured on Golf Course
Feb. 16, 2012
James A. Kassis and Jeffrey S. Goldstein successfully obtained a jury verdict in the amount of $1.5 million on behalf of an Assistant Golf Professional who was severely injured on a local golf course. A Morris County jury found the golf course contractor negligent in the construction of the sand bunker during a major renovation project at the course.
The Assistant Golf Professional was severely injured when he slipped and struck his neck on wood construction materials embedded at the edge of a sand trap. The sizable verdict will help toward compensation for the permanent personal injuries suffered by the Professional, including pain, physical impairment and loss of enjoyment of life.
Mr. Kassis’ law practice is focused on all forms of civil litigation. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
Mr. Goldstein chairs the Firm’s Personal Injury Practice Group. He is a certified mediator and court-appointed arbitrator in Bergen, Hudson and Morris Counties (NJ).
John M. Bowens Selected For Inclusion in the Best Lawyers In America® 2012
Schenck, Price, Smith & King is pleased to announce that John M. Bowens was selected by his peers for inclusion in The Best Lawyers in America® 2012. (Copyright 2011 by Woodward/White, Inc., Aiken, SC) Mr. Bowens was recognized in the field of Insurance Law.
Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor. (For more information regarding Best Lawyers selection, please go to www.bestlawyers.com) Certified by the Supreme Court of New Jersey as a Certified Trial Attorney, Mr. Bowens co-chairs the Firm's Appellate Practice Group as well as the Labor & Employment Practice Group. He also serves on the Statewide Ethics Committee.
New Jersey Leaders Attend SPSK Healthcare Roundtable Breakfast
Nov. 21, 2011
Schenck, Price, Smith & King was proud to host its first Healthcare Roundtable Breakfast on Monday, November 21, with co-sponsor Brown & Brown Metro. The event brought together thought and policy leaders, Rep. Bill Pascrell, D-Passaic, Member, House Committee on Ways and Means, Subcommittee on Health Chairman, Congressional Traumatic Brain Injury Task Force; Neil Sullivan, New Jersey Department of Banking and Insurance, Assistant Commissioner, Life and Health Division; and Sean Hopkins, New Jersey Hospital Association, Senior Vice President, Health Economics. The spirited discussion, held at the Crystal Plaza in Livingston, focused on issues such as Accountable Care Organizations, Patient Protection and Affordable Care Act, and more. An audience comprised of senior executives from hospitals, insurance companies, public institutions and major employers was in attendance for the event, interfacing with the speakers.
Shirley B. Whitenack Receives Ann Klein Advocate Award
Oct 20, 2011
Shirley B. Whitenack has been awarded the Ann Klein Advocate Award, an award honoring those who have made extraordinary contributions to improving the lives of people with disabilities.
The award was presented by Nicholas Stevens, Esq., Chairperson, Board of Trustees of the Community Health Law Project, at a dinner held on October 20, 2011 in West Orange, New Jersey.