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Validity of comparators for claim of disparate treatment.
New Jersey • Employment Law • October 1, 2012
The plaintiff claimed that he was wrongfully terminated in violation of the NJLAD and sought to establish the claim by showing a disparity of treatment between himself and certain alleged comparators. In rejecting the plaintiff's evidential..., Case Law Alert - 4th Qtr 2012
Commonwealth Court rejects the claimant's argument that a C&R agreement should be rescinded due to a mutual or unilateral mistake on behalf of the employer.
Pennsylvania • Workers' Compensation • October 1, 2012
The claimant sustained a work-related injury in October of 2007 that was acknowledged by a Notice of Compensation Payable (NCP). In 2009, the parties entered into a Compromise and Release Agreement (C&R) and sought approval of the C&R at a..., Case Law Alert - 4th Qtr 2012
Sufficiency of EEOC filing to meet statute of limitations.
New Jersey • Employment Law • October 1, 2012
Following the plaintiff's termination, she completed an intake questionnaire with the EEOC in which she alleged that she was terminated because of her age. In the questionnaire, the plaintiff indicated that she was seeking back pay and other..., Case Law Alert - 4th Qtr 2012
The decedent died in the course of his employment where his injury occurred in the furtherance of his business as a college professor even though precipitating events occurred at lunch off campus.
Pennsylvania • Workers' Compensation • October 1, 2012
The decedent, who worked as a professor at Penn State, suffered from significant pre-existing medical conditions including lymphedema, uncontrolled diabetes, hypertension, difficulty breathing, cardiac problems and cellulitis of the legs. Under a..., Case Law Alert - 4th Qtr 2012
Pennsylvania Supreme Court holds that a labor arbitration award pursuant to the Public Employee Relations Act reinstating an employee who was terminated for acts of sexual harassment violated well-defined public policy and should be vacated.
Pennsylvania • Employment Law • October 1, 2012
In The Philadelphia Housing Authority, the employee was found to have engaged in "lewd, lascivious and extraordinarily perverse" sexual harassment—which included verbal comments and inappropriate touching—toward another..., Case Law Alert - 4th Qtr 2012
Pennsylvania Superior Court affirms refusal to instruct jury as to rules of professional conduct in legal professional negligence actions.
Pennsylvania • Professional Liability • October 1, 2012
The plaintiffs Mabel and Cris Smith, mother and son, filed a professional negligence claim against two lawyers, Gerald Morrison and Scott Morrison, claiming that the attorneys breached their fiduciary duties to Mabel and Cris by simultaneously..., Case Law Alert - 4th Qtr 2012
Application of ten-year statute of repose, NJSA 2A:14-1.1, clarified in multi-phase project setting.
New Jersey • Architectural, Engineering and Construction Defect Litigation • October 1, 2012
New Jersey's statute of repose essentially provides that no action may be brought to recover damages for any deficiency in the "design, planning, surveying, supervision or construction" of a project "more than 10 years after the..., Case Law Alert - 4th Qtr 2012
A health care provider who received assignment of PIP benefits from an insured is not obligated to furnish to the insurer information with respect to the provider's ownership structure, billing practices and regulatory compliance.
New Jersey • Fraud/Special Investigation • October 1, 2012
In this New Jersey Supreme Court action, the court affirmed, on different grounds, the Appellate Division's determination in Selective Ins. Co. of Am. V. Hudson E. Pain Mgmt., 416 N.J. Super. 418 (App. Div. 2010). The Court held that an..., Case Law Alert - 4th Qtr 2012
Third Circuit finds lack of a contractually designated arbitration forum does not nullify an arbitration agreement.
Federal • Securities and Investment Professional Liability • July 6, 2012
The Third Circuit found the arbitration agreement to be ambiguous as to whether the designated National Arbitration Forum (NAF) was intended to be the exclusive forum for resolving disputes and was, thus, an integral part of that agreement. The..., Case Law Alert - 3rd Qtr 2012
FMLA employer notice obligation concerning terms and duration of leave.
New Jersey • Employment Law • July 1, 2012
The plaintiff took an approved medical leave and, while on leave, was required to complete an FMLA certification form. Notwithstanding a clear understanding that the plaintiff was eligible for FMLA protected leave, the employer never notified the..., Case Law Alert - 3rd Qtr 2012

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