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Law Alerts April 1, 2011
In Garner, the complainant alleged that he was terminated by his former employer because of his race, alleging that similarly-situated employees of a different race were not terminated for a violation of the company's policy when he was..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
The plaintiff brought a "cat's paw" claim pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 wherein he sought to hold his former employer liable for the animus of a supervisor who did not make the ultimate decision to..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
In Thompson, the plaintiff sought protection from Title VII's anti-retaliation provision after his employment was terminated, arguing that the employer terminated his employment because his fiancée filed a complaint of discrimination..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
Following a jury trial on the plaintiff's NJLAD claim alleging gender discrimination, the jury found for the plaintiff on her claim of discrimination, but rejected her claim of intentional infliction of emotional distress and also rejected her claim..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
The claimant sustained a work-related injury on January 31, 2003. Thereafter, the claimant received workers' compensation benefits pursuant to a notice of compensation payable (NCP) issued by the employer. The NCP described the work injury as a...
Law Alerts April 1, 2011
The plaintiff's employee inadvertently dropped a wrench from the back of a truck he was unloading. The truck involved was covered by the defendant's policy. Generally, a person in the process of unloading cargo from a covered vehicle is considered a..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
Guest passengers who have their own policies of UM/UIM coverage do not qualify as insureds under UM/UIM coverage of the policy covering the vehicle in which they are passengers. Definitional clauses excluding guest passengers with their own UM/UIM..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
The Appellate Division concluded that judicial review of an intermediate ruling is not one of the APDRA procedures the Commissioner has made "applicable" to PIP arbitration proceedings. In further support of this position, the Appellate Division..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
Insurer sought to discover the entire contents of the insureds' attorney's file, excluding attorney-client privileged communications, in an underlying UIM claim to determine whether the insureds acted in good faith. The insurer argued that the..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
In a Per Curiam decision, which was not approved for publication, the Superior Court of New Jersey Appellate Division recently reversed a trial court's order dismissing several Consumer Fraud Act (“CFA”) claims against the developer..., Case Law Alert - 2nd Qtr 2011

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