In The Press
Staying up-to-date on legal and contractual issues in snow and ice management can help contractors maintain a safe business as well as avoid liability. In this session, Darryl Beckman, a longtime legal columnist in Snow Business magazine, will share updates regarding legal issues and contractual language that affect all snow & ice management organizations. Attendees will learn steps contractors can take to limit exposure to lawsuits through contractual language and clauses, why documentation of services is crucial to your organization, and current insurance issues facing snow & ice companies.
Gillette: The Superior Court of New Jersey, appellate Division, found a snow and ice management company’s duty to plaintiff was defined by the terms of its agreement for services with the property owner, there was no evidence the snow and ice management company failed to perform its contractual duties in a negligent manner, and claims against the snow and ice management company are dismissed.
Orsatti: This high-profile case arises under the Civil Rights Act of 1871. Arnold Orsatti, Jr., alleged he was arrested without probable cause in violation of his Fourth Amendment right to be free from unreasonable seizure. New Jersey State Police Officers Robert Kirvay and Joseph Guzzardo appealed from the district court's order denying their joint motion for summary judgment. The officers contended the district court erred because they are shielded from Orsatti's claim by the doctrine of qualified immunity. Darryl Beckman represented Robert Kirvay. The United States Court of Appeals, Third Circuit, found in favor of Darryl's client, stating it was objectively reasonable for the officers to conclude they had probable cause to arrest Orsatti, the officers are immune from Orsatti's claim, and the claims are dismissed.