Sunday, July 28, 2013

John Ratkowitz Invited to Lecture at the New Jersey Association of Justice’s 2013 Meadowlands Seminars.


On November 15, 2013, John Ratkowitz will be lecturing at the New Jersey Association of Justice’s 2013 Meadowlands Seminar. John has been asked to speak about how to prove damages during a civil trial, and the subject of his lecture is “Proving Pain, Suffering and Loss of Enjoyment of Life at Trial: A Synopsis of the Pertinent Case Law.”

The New Jersey Association for Justice (NJAJ) is a fifty-seven-year-old specialty bar association with over 2,400 members. The Meadowlands Seminar is a series of continuing education lectures provided to members of the New Jersey Bar focusing on trial law and strategy. 

John Ratkowitz to Publish Article “The Standard of Care in Commercial Construction Site Safety Management” in the September 16, 2013 edition of the New Jersey Law Journal.


On September 16, 2013, John Ratkowitz will publish “The Standard of Care in Commercial Construction Site Safety Management” in the New Jersey Law Journal. 

OSHA is widely cited by safety experts in cases involving accidents on commercial construction sites. Nevertheless, OSHA regulations paint with a wide brush when it comes to requirements relative to proactively managing safety on a day-to-day basis.  This article discusses and summarizes the published standards beyond OSHA that deal with the safety policies and procedures that must be in place on commercial construction sites, including standards which require: (a) the review of a subcontractor’s safety history before hiring,  (b) the incorporation of safety requirements into work related contracts, (c)  comprehensive written health and safety plans and site specific safety developed by general contractors, (d) site specific safety plans developed by subcontractors, (e) a written description of the specific safety responsibilities of the general contractor’s management team and certain designated workers of subcontractors, (e) site safety inspections and reports, (f) safety training and orientation, and (g) steps that must be followed in accident investigations.  

Attorneys who have a working knowledge of these published standards will be in a better position to obtain relevant documents in discovery, buttress the opinions of their liability experts and effectively depose and cross examine experts hired by their adversaries. 

John Ratkowitz to Publish Article “Avoidable v. Unavoidable Pressure Ulcers: A Summary of the Federal Regulations,” in the September 2013 Edition of Medical Malpractice Law and Strategy.


On September 1, 2013, John Ratkowitz will publish “Avoidable v. Unavoidable Pressure Sores: A Summary of the Federal Regulations, ” in the monthly journal Medical Malpractice Law and Strategy.
Attorneys who represent elderly clients who develop pressure sores in nursing homes must be able to distinguish between avoidable and unavoidable pressure ulcers when screening cases and representing clients. This article outlines and discusses the federal regulations and advisory opinions that deal with this subject.
John sits on the Board of Editors of Medical Malpractice Law and Strategy, which is a national publication.    

John Ratkowitz Recruited by the New Jersey Association For Justice to Write Two Amicus Curiae Briefs in Cases Pending Before the New Jersey Supreme Court.


In July and August 2013, John Ratkowitz wrote and submitted amicus curiae briefs on behalf of the New Jersey Association of Justice in two cases pending before the Supreme Court of New Jersey, Badiali v. New Jersey Manufacturers Insurance Group, and Wadeer v. New Jersey Manufacturers Insurance Group. In both of these cases, the New Jersey Association of Justice is asking the Court to define the procedural and substantive nature of a cause of action against an insurance carrier who engages in first-party bad faith. First-party bad faith cases are lawsuits brought against insurance companies alleging that a carrier wrongfully denied a claim or failed to timely pay benefits to a policy holder submitting a claim to his own insurance company under a policy that he paid the premiums for. These kinds of claims include property damage claims submitted under home-owners insurance companies, and Underinsured/Uninsured Motorist Claims in automobile accident cases.
In 2008, John Ratkowitz was scheduled to argue a similar case before the Supreme Court in Taddei v. State Farm, but the carrier elected to settle that case just before the Court entertained oral argument on the appeal.
The New Jersey Association for Justice was founded in the late 1940s and is a statewide association of almost 2,400 trial attorneys in private practice. NJAJ is dedicated to protecting New Jersey's families by working to preserve and strengthen the laws for safer products and workplaces, a cleaner environment and quality health care.