Albert Buzzetti & Associates, L.L.C.Englewood Cliffs Personal Injury Attorney | Business Litigation2023-06-20T13:38:45Zhttps://www.tristatelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303420/2023/04/cropped-siteicon-32x32.jpgOn Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506872023-04-27T16:03:15Z2023-05-02T16:16:55ZHowever, you have legal remedies available to you.
Common causes of disputes
Partnership and shareholder disputes can arise for a variety of reasons, like a breach of fiduciary duty. This occurs when a partner or shareholder acts in a way that harms the interests of the business or other partners or shareholders, such as by misappropriating funds, disclosing confidential information or competing with the business.
There could also be allegations of breach of contract. This occurs when a partner or shareholder violates the terms of a partnership agreement, shareholder agreement or other contract that governs the rights and obligations of the parties.
Fraud is another common allegation. This occurs when a partner or shareholder intentionally deceives or misrepresents a material fact to induce another party to act or refrain from acting, resulting in harm to the other party.
Another issue is minority oppression. This occurs when a majority partner or shareholder abuses their power to oppress, exclude or disadvantage a minority partner or shareholder, such as by denying them access to information, dividends or voting rights. Similarly, is dissolution. This occurs when a partner or shareholder seeks to end the business relationship and liquidate the assets of the business.
Legal remedies
Depending on the nature and severity of the dispute, you have several New Jersey legal options. The first is to try to work it out between the partners through a negotiation. This involves trying to resolve the dispute through direct communication and compromise with the other party, without involving a third party or going to court. Negotiation can be faster and cheaper than litigation, but it requires both parties to cooperate.
Next, you can try mediation. This involves hiring a neutral third party (a mediator) to facilitate dialogue between the parties and help them reach a settlement. Mediation can be more flexible and creative than litigation, but it does not guarantee a resolution.
Finally, there is arbitration or litigation. Arbitration involves submitting the dispute for a binding decision by an impartial third party (an arbitrator) as a judge. It can be more efficient and confidential than litigation, but it limits the parties’ appeal rights and discovery. Similarly, litigation involves filing a lawsuit in court and going through a formal trial process. Litigation can provide more protection and enforcement than alternative dispute resolution methods, but it can also be more expensive, time-consuming and unpredictable.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506862023-04-11T13:23:16Z2023-04-18T13:19:57Zpersonal injury lawsuit if property owners did not take reasonable steps to prevent or eliminate bedbugs. It is important to recognize a potential bed bug infestation and ways to combat it.
What are bed bugs
Adult bugs are approximately the size of an apple seed, have flat bodies and are long and brown or reddish brown. They have antennas, six legs and a musty and slightly sweet odor.
Adult female bed bugs produce 200 to 500 eggs over their lifetimes, which is usually six to 12 months. Young bed bugs are smaller and may have a lighter color, which is almost white or yellow.
The scientific name for a bed bug is Cimex lectularius and these creatures are closely related to bat bugs and pirate bugs. Bed bugs are believed to have originated in Europe, the Middle East or India but moved across the world with humans. They were eradicated in the mid-20th Century but returned with increased human travel.
Warmth, blood and carbon dioxide attract bed bugs. They feed on birds and mammals and leave a bite that looks like a typical bite from an insect, a rash or hives. Poor hygiene and dirt do not attract bed bugs.
Searching for bed bugs
Bed bugs usually make their home in hidden places. These include chair and couch seams or cushions, wall hangings, heads of screws near piping, mattresses or box springs and cracks in headboards and frames. Infestation can occur throughout the year, but bed bugs thrive during the warmer months.
These are indications of bed bugs besides seeing the actual bugs, according to the Environmental Protection Agency:
Red stains from bed bugs being crushed
Dark spots left from bug excrement
Eggs, eggshells and shedding skins
Prevention and eradication
Property owners and landlords have the duty to prevent and eliminate bedbug infestation. Measures include:
Reducing clutter such as discarded furniture or appliances
Frequent vacuuming
Keeping belongings separate
Sealing cracks
Cleaning secondhand furniture or clothes
Methods to eradicate bedbugs include:
Sealing cracks and crevices with silicon caulk.
Removing infested items and using extreme heat or cold to eliminate the bed bugs from the items.
Using a steamer for treating infected items.
Setting bed bug interceptor traps.
Using rubbing alcohol, kerosene and gasoline is ineffective. These products are also potentially dangerous.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506852023-03-30T10:41:48Z2023-04-03T10:40:46Zmade safer. If there is an accident, those who were hurt should have assistance with deciding what steps to take.
Experts give advice on improving scaffold safety
Scaffolds are a fundamental part of many construction projects. Statistically, more than 62% of workers on these projects are at least five feet above ground as they do their jobs. A fall from even that relatively short height can cause serious injuries. Those who are stationed much higher are in greater jeopardy.
The risk is shown by the number of workers who were injured in scaffold accidents as recently as 2020 with 3,250 being hurt. Common errors that lead to falls and structural collapse include not having sufficient fall protection; an overloaded scaffold; items falling from a scaffold and hitting workers; and overhead power lines.
Overwhelmingly, falls are the biggest problem with 86% of fatalities being related to falls. The Occupational Safety and Health Administration has rules in place for scaffolds. These have been in effect for more than 50 years.
Employers need to make sure the structure was inspected; fall protection is used; the load placed on the scaffold does not go beyond its capacity; it is secure so it does not move or tip; the work area is safe; workers use the right points of access; and they are trained. If the employer does not follow the rules, this could be part of a case after an accident.
Injured construction workers should have help with maximizing compensation
Workers who are injured on a scaffold or in any other construction accident will undoubtedly know about workers’ compensation. This is a key part of being covered financially and getting the medical care they need.
Still, if the accident was due to negligence and the injuries go beyond what workers’ compensation provides, it is vital to have professional help with pursuing a claim.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506842023-03-23T16:28:51Z2023-03-29T16:27:12Zis residents being attacked by other residents. People who are told of these incidents or believe other types of abuse and neglect are occurring must think about how to protect their loved ones and be aware of the available options to hold facilities accountable.
Nursing home attacks are on the rise
There is a litany of reports of people whose loved ones are being attacked in nursing homes. According to experts, people suffering from dementia are prone to attacking other residents. In the 2022 fiscal year, there were 456 such incidents. That is over 200 more than there were in the 2021 fiscal year.
The real numbers might even be higher as nursing homes are relied on to report these attacks and other problems themselves. From the start of October through the end of February, there were 189 cases reported to the Office of the State Long-Term Care Ombudsman. This is up from 159 the previous year.
Abuse in general has been spiking. The U.S. Government Accountability Office says that between 2013 and 2017, there were twice as many abuse cases across the nation. The staff was frequently found to be responsible for these acts. Residents assaulting other residents is a difficult issue to quantify because there is a limit as to the information that state and federal agencies have.
Another problem for these facilities is understaffing. Although facilities are expected to have a certain number of staff members, they have had trouble meeting the quota. That and the challenges with dealing with people who are suffering from conditions that might make their behavior unpredictable is an ongoing problem that is putting people in danger.
If a loved one was injured or became ill due to nursing home negligence, help is needed
Families trust nursing homes to care for their loved ones. When that is violated, it is a betrayal that cannot be allowed to pass. People who are seeking customized help for their situation need to consider their situation and needs.
Contacting professionals who have extensive experience in investigating and pursuing legal claims for nursing home abuse and neglect is an obvious first step. There are other areas to consider such as overcoming language barriers by discussing the case with multilingual people who speak English, Spanish, Italian, Greek, Croatian and Korean.
People will undoubtedly feel as if they could have done more to protect their loved one from nursing home abuse and neglect. Often, there is no way of recognizing there is something wrong until the resident has been injured, suffered an unexpected condition or became ill. After the problem has been suspected or discovered, it is important to have assistance with deciding how to move forward. Consulting with people who care about their clients and understand how to pursue complex cases is imperative from the start.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506832023-03-21T14:32:56Z2023-03-21T14:32:56ZNational Labor Relations Board
At the end of February, the National Labor Relations Board found that broadly written confidentiality clauses within severance agreements violated both Section 7 and 8(a)(1) of the National Labor Relations Act. In other words, broadly written confidentiality clauses violate New York and New Jersey employee rights.
To whom does this apply?
The NLRB’s holding applies to most employees across the United States, but not everyone. If you work for the government (federal, state, local, government corporations, public schools, etc.), your employer is likely outside of the NLRB’s jurisdiction. If your employer only employs agricultural laborers, they are likely exempt as well, as are employers subject to the Railway Labor Act, like airlines and railroads.
What does the opinion mean?
In practice, we do not know yet. Once there are subsequent decisions that flush out what the NLRB’s decision means, we will know more. And, while this opinion is appealable, remember, it goes into effect immediately. It is a law now.
That means that if you have or will have New York or New Jersey ex-employees subject to a severance agreement with broadly written confidentiality clauses and they violate those clauses, your business litigation against them will need to be based on something more than just that severance agreement. If the Englewood, New Jersey, business litigation is only based on that severance agreement, you will lose.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506822023-03-06T15:04:26Z2023-03-07T14:55:09ZThis includes auto accident injuries, slip-and-fall injuries, etc. And, one common type of injury that occurs in such incidents are traumatic brain injuries, although they are not as noticeable as broken bones, cuts and bruises.
Traumatic brain injuries
TBIs occur frequently in Englewood, New Jersey, and New York personal injury accidents because they can occur whenever you receive a violent blow to your body or head, if your body is jolted or if your head is pierced. These movements and piercings cause brain injuries, like bruises, bleeding, tearing, etc., which are not always visible.
Visible signs
The visible signs of a TBI include clear liquids draining from your ears or nose or any bleeding from your ears, nose or head. You may have a TBI if you had any violent jolt or impact to your body or head, even if you do not have any physical signs on your body. However, there may be other signs that may not be so obvious.
Invisible signs
Remember, your brain is your body’s control center, so the invisible signs are how you are able or not able to control your body. And, just because you may have mild symptoms does not mean that you necessarily have a mild TBI.
One of the most common and persistent invisible TBI symptoms is a headache that simple painkillers does not alleviate. The headache is often accompanied by nausea (vomiting), fatigue, dizziness (or other balance issues), sensory issues, etc. You could also have problems communicating, where you try to say one word, but another word comes out, blurred vision, ears ringing and odd smells and tastes.
Cognitive, mental and behavioral issues are also common invisible TBI signs. Disorientation immediately after the personal injury accident is common, but this can be persistent or come back days later. You could also feel dazed, confused or suddenly, have memory or concentration problems. These can also be coupled with mood swings, depression, anxiety and sleep disorders.
Get help
The key takeaway here is that, if you are in an Englewood, New Jersey, or New York personal injury accident, you might have a TBI. If it was a severe accident, go to the emergency room. If not, still consider getting medical attention.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506812023-02-20T15:23:14Z2023-02-21T15:20:39Zcommercial tractor-trailer was involved in this tragic accident. A medical helicopter flew the victim from the scene of the accident, but apparently he died a short time after this tragic commercial vehicle crash occurred.
According to the authorities who investigated, the commercial vehicle struck the motorcyclist from behind. However, the authorities did not explain why this happened. Since the motorcyclist died, it would not be surprising if authorities investigated further.
Nevertheless, this accident serves as an important reminder to all New Jersey motorists that they need to give motorcycles plenty of following distance, even more than they would to another car. For one, motorcyclists for a number of reasons tend to rely more on down shifting instead of braking to slow themselves. As a result, a motorcycle may slow down with no visible warning.
Recovering compensation after a truck accident can be complicated
Recovering compensation after a truck accident can be hard on a family. For one, injuries after a collision with a commercial truck are often severe or, as the case was here, even deadly. Furthermore, truckers and the companies that hire them, as well as their insurance companies, may choose to deny liability or offer a settlement far less than what a victim’s family truly needs.
It is also important to do a thorough investigation after a truck accident. Sometimes, it may take some detective work to show that a truck driver operated in violation of regulations or was too tired or too distracted to operate safely. Drivers and trucking companies rarely outright admit such negligence.
An investigation may also uncover additional businesses, or even government entities, which are legally responsible for a victim’s injuries. Victims of truck accidents, including grieving families, may have several legal options available to them for recovering full compensation from negligent truck operators.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506792023-02-20T15:20:07Z2023-02-21T15:18:21Zcommercial tractor-trailer was involved in this tragic accident.
A medical helicopter flew the victim from the scene of the accident, but apparently he died a short time after this tragic commercial vehicle crash occurred.
According to the authorities who investigated, the commercial vehicle struck the motorcyclist from behind. However, the authorities did not explain why this happened.
Since the motorcyclist died, it would not be surprising if authorities investigated further.
Nevertheless, this accident serves as an important reminder to all New Jersey motorists that they need to give motorcycles plenty of following distance, even more than they would to another car.
For one, motorcyclists for a number of reasons tend to rely more on down shifting instead of braking to slow themselves. As a result, a motorcycle may slow down with no visible warning.
Recovering compensation after a truck accident can be complicated
Recovering compensation after a truck accident can be hard on a family. For one, injuries after a collision with a commercial truck are often severe or, as the case was here, even deadly. Furthermore, truckers and the companies that hire them, as well as their insurance companies, may choose to deny liability or offer a settlement far less than what a victim’s family truly needs.
It is also important to do a thorough investigation after a truck accident. Sometimes, it may take some detective work to show that a truck driver operated in violation of regulations or was too tired or too distracted to operate safely. Drivers and trucking companies rarely outright admit such negligence.
An investigation may also uncover additional businesses, or even government entities, which are legally responsible for a victim’s injuries. Victims of truck accidents, including grieving families, may have several legal options available to them for recovering full compensation from negligent truck operators.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506782023-02-08T14:05:49Z2023-02-08T14:05:49Zcrash in Englewood, New Jersey, regardless of your safe or defensive driving practices.
Primary causes
There are two primary causes of motor vehicle accidents: drunk driving and speeding. Over 35% of fatal crashes occur because the driver is impaired. Almost 40 people die a day due to drunk and impaired driving. And, before you think it is just those who drank too much, over 23% of crashes involve drivers with a blood alcohol content of 0.01 percent or higher in the daytime. This could be a single glass of wine at lunch.
Nearly another third of fatal car accidents are caused by speeding drivers. That is another 30 plus deaths every day, or well over 11,000 fatalities a year.
Timing matters too
When you drive can impact your chances of being involved in a car crash. Apparently, nighttime is much more dangerous in Englewood, New Jersey, New York and throughout the country. From 6:00pm to midnight, over a third of fatal car accidents occur, and nearly half of those deadly crashes happen at the weekend (Friday, Saturday and Sunday).
Holidays
And, if nights, weekends, drinking and speeding increase the likelihood of a deadly motor vehicle accident, you likely can guess that holidays also increase it as well. Independence Day is the deadliest day for motorists almost every year.
What we can learn
These statistics are not to scare our Englewood, New Jersey, or New York readers. We do not want our readers to lock themselves up after 6:00 or avoid fireworks on Independence Day. Instead, if you can avoid being on the roads during these times, avoid them. Just drive a bit more safely during these times, and remember, if you are injured, you can hold these negligent drivers responsible through a personal injury lawsuit.]]>On Behalf of Albert Buzzetti and Associateshttps://www.tristatelaw.com/?p=506772023-01-27T14:13:59Z2023-01-26T14:12:26Zthings you can do to try to prevent them.
Making your best effort to prevent shareholder disputes is a good idea. Shareholder disputes are expensive, lengthy, stressful and usually end up doing more harm to your business than good.
Money and time
Shareholder disputes that cannot be resolved will end up in a courtroom, meaning you will be paying court costs and attorney fees. Additionally, the time you spend litigating your shareholder dispute is time away from your businesses, meaning you are likely losing out on revenue.
A shareholder dispute can be resolved privately or through a litigation alternative, such as arbitration or mediation. While arbitration is typically less costly and time consuming than litigation, it can still cause everyone involved to adopt a litigious mindset.
This means that each sides gets more entrenched in their positions and “winning” rather than focusing on resolving the dispute.
Reputation damage
Your professional reputation can suffer because of a shareholder dispute as well. No matter which side ultimately prevails, you might never recover from your business or professional name being tarnished.
You could be viewed as someone who cannot keep their business running smoothly, or who chooses a courtroom fight when things do not go their way, even if these perceptions are not accurate.
Your shareholder agreement
The best way to prevent shareholder disputes is to get ahead of them by having a solid shareholder agreement in place. Ideally, the shareholder agreement should be put in place when you start your business.
Having good documentation is also a good way to reduce shareholder disputes. Many disputes begin because shareholders have received incorrect or inaccurate information.
Referring to records such as meeting minutes, agreements or contracts when a question arises can help ensure everyone is on the same page. That does not mean a legitimate dispute cannot still arise, but you will not waste your time on a dispute caused by one side having incorrect information.
The benefits of mediation
Consider using mediation to resolve disputes rather than arbitration or litigation. Mediation is a less-adversarial method of resolving disputes and is designed to put parties in a problem-solving frame of mind.
Mediation involves a neutral third party who guides parties to a resolution but does not take one side over the other or make orders the way a judge does.
Using these strategies can help you avoid shareholder disputes so you can focus on running your business. Experienced business attorneys can advise you on additional ways to prevent disputes and help resolve them when they arise.]]>