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Kozyra & Hartz, LLC Congratulates Its Colleague Michael J. Rankin For Being Sworn In As A Trustee Of The Essex County Bar Association On April 25, 2018

May 7, 2018

On April 25, 2018, Michael J. Rankin was sworn in as a Trustee of the Essex County Bar Association at the 2018 Annual Awards & Installation Dinner which was held at The Grove in Cedar Grove, New Jersey. Mr. Rankin has been a long-time member of the Essex County Bar Association (ECBA), and we commend his continued dedication to volunteering his time to the ECBA. Congratulations to Michael, and to all of the Officers, Trustees and Award Recipients!

Appellate Division Reverses And Remands Medical Malpractice Action To Lower Court For New Trial

April 17, 2018

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a Plaintiff who went into cardiac arrest during an endoscopic procedure in which Defendants served as the anesthesiologists. Because Defendants were not able to effectively restore Plaintiff's heart rate for eleven minutes, Plaintiff alleged that Defendants were negligent, and that this negligence caused serious and permanent cognitive damage. The lower court denied Plaintiff's motion for a re-trial in the aftermath of a jury trial, and Plaintiff appealed. First, Plaintiff argued that the lower court erred in barring his testimony at trial. Plaintiff's counsel had requested that Plaintiff testify concerning his inability to perceive(...)

Appellate Division Affirms Law Division’s Vacation Of Arbitration Award In Employment Action

April 2, 2018

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a District filing an "inefficiency tenure" charge against a teacher in September 2014 after the teacher had received "partially effective" ratings based on annual evaluations for the previous two consecutive school years (2012-2013 and 2013-2014). An arbitrator granted the inefficiency tenure charge and ordered the teacher's termination. The teacher appealed this decision to a trial court in the Law Division. The trial court reversed, reasoning that the arbitrator had exceeded or imperfectly executed his powers. The court noted that although there were statutory and regulatory provisions in place that allowed for the removal(...)

Appellate Division Reverses Board’s Denial Of Unemployment Benefits

March 19, 2018

Robert B. Spawn reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a former employee of a newspaper appealing Respondent-Board's final agency decision denying her claim for unemployment benefits. Appellant had worked as a sales representative for the newspaper for over thirty years, and, in August 2015, the newspaper announced by email that it was offering an early retirement program to encourage departures as a cost-cutting measure. Although the email stated that the retirement program was voluntary, it contained the following warning: "If we don't achieve our goals, we will need to re-evaluate where we stand and we can't rule out implementing other actions in the future." The email also stated that(...)

Congratulations To Michael J. Rankin For His Continued Volunteer Efforts In His Local Community

February 2, 2018

Kozyra & Hartz, LLC is proud to recognize and congratulate Michael J. Rankin for all his volunteer efforts in his community. On January 18, 2018, Michael Rankin was voted in as the Chairman of the West Caldwell Zoning Board of Adjustment by his fellow members. Prior to being the Board's Chairman, Mr. Rankin served as a member of the Board for many years. http://www.westcaldwell.com/content/119/443/152.aspx Mr. Rankin is also the Chairman of the 27th Annual Rotary/Kiwanis Caldwell Street Fair. The street fair will be held on October 7, 2018 from 12:00 p.m. to 5:00 p.m. in the center of town on Bloomfield Avenue in Caldwell, New Jersey. The street fair is the biggest annual family event in West Essex with over two hundred vendors and approximately 30,000.00 attendees. (...)