Firm News

Kamensky Cohen has recently had a remarkable success in a legal claim against the American Boychoir School in Princeton New Jersey. Our client claimed that the former director of the school and other co-workers were involved in pedophilia in multiple instances.

This childhood sexual abuse case presented several unique problems including the fact that it was over 35 years old. The concept of the statute of limitations made this a very difficult matter to overcome, however, our legislature in New Jersey has passed legislation which allows a more liberal interpretation of the statute of limitations. Our Supreme Court in a similar case recently provided “good law” upon which reroute let rely to get past that statute of limitations which is ordinarily two years. In a settlement reached less than one month ago our client entered into an agreement the provided him with a sum of money that we are not permitted to disclose. Our client, however, has expressed great satisfaction with this outcome. Sexual abuse is a problem that has been pervasive and has been widely reported in the press in the past several years. Claims against the church, against private schools and individuals have been handled by this office with great success.

The Labor Law Department at Kamensky Cohen is presently involved in several claims of sexual harassment, some of which have already been resolved, once again, to the great satisfaction of our clients.

Health Insurance Nightmare Resolved

What had turned out to be an ongoing nightmare is finally over for one satisfied Kamensky Cohen client. Several years ago our guy was involved in a horrific accident while riding his motorcycle. The driver of a car had made a right turn in front of him and, with no time react, the client struck the rear of the offending car. The injuries were so severe that a local police officer who had known the motorcyclist since grade school was unable to recognized him. Fortunately the motorcyclist’s team of doctors were not only able to save him, but had also save his right hand that was essentially amputated.

Recovery was long and difficult. There were multiple surgeries and months of painful physical therapy sessions. The treatments resulted in a substantial amount of medical bills, which, thankfully were covered by the client’s health insurance. However, that same health insurance carrier then put a lien on the client’s lawsuit’s recovery for damages to pay them back for the money they had paid to cover his medical bills! A lawsuit had been filed against the driver of the car that had caused the accident to recover for our client’s lost income and permanent loss of use of dominant hand that had been the result of the accident. If paid back to the health insurance carrier to compensate them for the money they paid out for his medical care, it would have left the client with little to compensate him for his permanent losses and lost income. Where is the justice in that! He had paid his health insurance premiums for years for just such a situation and the insurance carrier wanted to take back their costs for providing him with medical care from money he recovered in his lawsuit for damages!

The health carrier’s claim was based upon the federal act, commonly known as ERISA. ERISA or the Employee Retirement Income Security Act provides the health carrier with a legal right to seek recovery of the medical bills that it had a contractual obligation to pay. Since ERISA is a federal act, it supercedes New Jersey law that prohibits the health carrier’s attempt to collect the funds from our client. It was a tough case!

Kamensky Cohen took an aggressive approach against the health insurance carrier to identify the limited exceptions to ERISA’s preemptions of New Jersey law. Our efforts were finally successful. The resolution of the case eliminated  most of the health carrier’s lien against our client’s recovery. We had one truly relieved and satisfied client. Our reputation is our most important asset. We guard it with our clients’ satisfaction!

A Seminar entitled “New Jersey Auto Law” delivered to the Bucks County Bar Association by Firm Partners Jerrold Kamensky and Philip Cohen recently received “excellent” evaluations by attendees. The overall evaluations the Bar Association received from those in attendance were “exceeded expectations” by half of the respondents and “excellent” by the remaining half. Among the comments were “obviously expert in the field.” But we knew that!!

Among the many topics covered, Mr. Cohen and Mr. Kamensky focused on areas of the law that differ between the two states of New Jersey and Pennsylvania and how those laws impact upon cases involving injuries suffered in an auto accident. Many of the clients injured in an auto accident that a Bucks County Lawyer represents may have been injured while actually driving in New Jersey due to the shared border of the two states. Kamensky and Cohen pointed out many instances where a different strategy is needed than the one that might be used if the accident had taken place in Pennsylvania in order to get the best results for that client. Although the injured party will probably have a Pennsylvania insurance policy, they pointed out, either New Jersey or Pennsylvania laws may be employed, and the choice should be based on which would benefit the client under the specific circumstances of the incident and the coverages of the insured’s auto policy. Many examples of which is the best choice, given varying circumstances, were offered to attendees.

Both Mr. Kamensky and Mr. Cohen are licensed to practice in New Jersey and Pennsylvania and are members of the Mercer County (New Jersey) and Bucks County (Pennsylvania) Bar Associations. Mr. Kamensky and Mr. Cohen will repeat the presentation for the Bucks County Bar in the spring. Attorney attendees can receive Pennsylvania CLE (Continuing Legal Education) credits for their attendance.

A comprehensive overview of how to purchase Automobile Insurance that best protects you and your family in the event of an auto accident in the states of New Jersey and Pennsylvania are available on the Kamensky—Cohen website under the topic, “Helpful Documents.” The website address is http://kc-law.net.

Senior Partner, Jerrold Kamensky, was recently named a “New Jersey Super Lawyer” in the category of Personal Injury for his outstanding work in accident injury cases for claimants . “New Jersey Super Lawyers” are selected yearly by their peers (other attorneys) by a statewide vote. Considered among the best in their profession, Super Lawyers represent the top 5% of the practicing attorneys in New Jersey. Mr. Kamensky’s name will appear in a special published advertising section in the May issue of New Jersey Monthly and New Jersey Super Lawyers magazine. This is the second time Mr. Kamensky has been awarded this honor. Way to go boss!

On July 22, 2008, the New Jersey Turnpike Authority advertised a Request for Qualifications (the “RFQ”) in compliance with N JS.A. 27:236.1 and Executive Order No. 37 seeking proposals from law firms within the State of New Jersey interested in being selected as legal counsel to the Authority. The RFQ was advertised in The Star Ledger, The Home News Tribune. The Trenton Ti’‘, The New Jersey Law Journal and The New Jersey Lawyer as well as on the websites of both the Authority and State of New Jersey. The RFD was mailed to all law firms presently on the authorized list to represent the Authority as well as any law firm that requested or inquired about the RFD. Thirty’‘six law fans submitted proposals for consideration. The State Treasurer deemed three proposals as ineligible due to noncompliance with Public Law 2005 Chapter 51, formerly Executive Order #134 (Corzine), which therefore were not evaluated. The RFD consisted of ten areas of legal expertise. Within each area of expertise there were several weighted factors upon which the firms would be evaluated. The RFQ also stated that the firm that is appointed General Counsel is ineligible for an additional award in any other legal area.

The Executive Director appointed an Evaluation Committee comprised of representatives from the Executive, Law. Engineering and Internal Audit Departments. The Evaluation Committee reviewed and ranked the eligible proposals in accordance with weighted factors designed to ascertain those legal firms that best demonstrate expertise, experience, and compatibility with the needs of the Authority in each of the legal areas of expertise.

A list of the law firms being recommended to represent the Authority and receive legal assignment, according to each area of expertise advertised in the RFQ is attached hereto as Exhibit A. Exhibit A identifies both lead counsel and conflicts counsel for most of the areas of expertise. Conflicts counsel will 6e utilized only in the event assigned counsel is unwilling or unable to represent the Authority for any reason. Included in this recommendation is authorization to appoint DeCotiis Fitzpatrick Cole & Wider, LLP as General Counsel and McElroy Deutsch Mulvaney & Carpenter, UP to act as Conflicts General Counsel. The recommendation reflects several firms new to the Authority. The initial term of service is two years with a one year option to extend. The option is at the sole discretion of the Authority. However, pursuant to the terms of said agreement, the Authority may terminate same for any reason.

Accordingly, authorization is respectfully requested to appoint the law firms identified in Exhibit A as counsel to the New Jersey Turnpike Authority in accordance with the legal areas of expertise set forth in Exhibit A for two years effective upon Commission award and execution of an agreement between the parties. However, the appointments are contingent upon the Treasurer of the State of New Jersey completing the review of all documents submitted by the selected appointees pursuant to Public Law 2005, Chapter 51 (formerly Executive Order #134) and having no objection to same.

Kamensky-Cohen launches new website. Take a look at it at http://www.kc-law.net/