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Articles Tagged with New Jersey

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With Complaints Rapidly Increasing across the U.S., Now is the time to act

As of May 26, 2020, 2,278 complaints have been filed nationwide over the global pandemic COVID-19 according to the COVID-19 Complaint Tracker developed by lawyers at Hunton Andrews Kurth LLP. While the largest amount of these complaints deal with prison conditions and civil rights , the next highest areas of litigation involve insurance disputes, consumer disputes, labor and employment issues  and contract disputes. Claims regarding employment, contracts and force majeure provisions, or clauses contained in contracts which excuse performance due to natural destructive acts also known as “acts of God,” are on the rise. These complaints will continue to be filed as the effects of COVID-19 continue to be felt in ever-changing ways. Many of these complaints have been filed in jurisdictions where KHF regularly practices—namely COVID-19 hot spots New York, Pennsylvania and New Jersey. Continue reading →

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DoctorOn May 15, 2020 Governor Phil Murphy issued Executive Order 145, allowing elective surgeries and elective invasive procedures to resume. Under EO-109,  healthcare facilities were instructed to cease performing all elective surgeries and invasive procedures, intending (largely) to free up PPE and beds.

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On May 13, 2020 Governor Murphy issued Executive Order 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18th, while the car gatherings provision will take effect immediately. EO142 reduces and supersedes some of the restrictions that were previously in under Executive Order 107 and 122. Continue reading →

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Illustration of four people maintaining social distancingMay 6, 2020, New Jersey Governor Phil Murphy issued Executive Order 138, which extends the Public Health Emergency declared on March 9, 2020 and extended on April 7, 2020. EO138 is intended to extend the public health emergency for 30 additional days to prevent its expiry as required under the Emergency Health Powers Act. As such, the emergency declaration is renewed for another month.

Pursuant to EO138, all previously entered Executive Orders relating to the pandemic remain “in full force and effect” including non-essential business closures of brick & mortar locations, remote work when possible, closures of non-essential construction projects, and aggressive social distancing measures.

The recitals of EO138 provide that, although New Jersey’s social distancing measures have helped to slow the increase of COVID-19 cases and deaths in the State, the total number of cases and deaths in New Jersey has continued to rise and would rise at an even more precipitous rate absent these important measures.

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Illustration depicting security deposit. One hand holding house with keys and the other hand holding a sack of money.In New Jersey, Executive Order 128 addresses landlord and tenant issues due to COVID-19. Finding that the earlier EO106 provides some protection to tenants by staying enforcement of all judgments for possession, warrants of removal, and writs of possession while in effect (unless the court determines otherwise), EO128 suggests that there are other consequences in addition to evictions, such as interest and late fees and negative credit reports. Continue reading →

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Illustration of lockAdditional Executive Orders geared towards limiting the spread of COVID-19 implemented by Governor Phil Murphy over the weekend including EO122 and 125, providing further restrictions on essential-business (retail stores and construction operations) to ensure the safety of their employees and consumers. Notably, the orders also provide for safety measures required to be taken consumers.

Among other mandates, the NJ retail businesses must now limit stated occupancy by 50% (“food businesses” are to maintain a 10% capacity, however) and provide operating hours solely for high-risk populations as defined by the CDC. Continue reading →

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Illustration of megaphoneOn Tuesday, New Jersey Governor Murphy issued the most recent in a series of orders intended to combat the COVID-19 crises, Executive Order No. 119, extending the current health emergency in the state by another 30 days. This means that, as it stands, the current public health emergency in New Jersey will last at least until May 8, 2020. Continue reading →

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Illustration of face maskAs reported in our March 25th update, New Jersey – by Governor Murphy’s Executive Order 109 – directed businesses to submit inventories on personal protective equipment (PPE), ventilators, and similar equipment.  On April 2, 2020 in Executive Order 113, Governor Murphy has now authorized the Office of Emergency Management to repossess and reallocate such resources to meet the State’s needs. Continue reading →

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Illustration of checklist with pen - title of checklist is NJ Assembly Bill 3844 on green backgroundAmong the various challenges businesses are facing throughout the COVID-19 pandemic, one is particularly garnering attention – the issue of business interruption insurance policies which are not being paid out to those who have faced losses due to coronavirus-related business closures. Business interruption insurance is designed to replace business income lost due to forced closure, typically due to natural disaster-related property damage, and is intended to cover operating expenses during the closure.  Like elsewhere in the United States, governments in Pennsylvania and New Jersey responded to the COVID-19 pandemic by, among other measures, closing non-essential businesses unless remote work is available. In light of these closures, many businesses turned to their business interruption insurance policies, only to find Continue reading →

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