Publications
New York’s champerty statute alive and well, and means what it says.
A bank’s investment in certain notes lost value, but because of concerns about how a lawsuit would look, the bank was hesitant to sue the investment backer.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
NJ Supreme Court affirms that consequential damages caused by subcontractor’s faulty workmanship is property damage and an occurrence.
In August 2016, the New Jersey Supreme Court affirmed a 2015 Appellate Division decision that established that, pursuant to a plain meaning interpretation of the terms as defined in the Insurance Services Office, Inc.’s (ISO) 1986 standard C
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Back pay award is based upon gross income, not amount actually netted as take home pay.
Following a seven-day trial, the jury returned a verdict for the plaintiff on her disability discrimination and retaliation claims under the NJLAD.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Title VII exhaustion requirement not met by information provided in EEOC intake questionnaire.
The plaintiff filed a race discrimination claim under Title VII, and Princeton moved to dismiss the claim based upon the plaintiff’s failure to exhaust his administrative remedies before the EEOC.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Cat’s paw theory of liability does not apply to CEPA claims.
The plaintiff asserted a claim under the New Jersey Conscientious Employee Protection Act (CEPA) after he was expelled from the volunteer fire company.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Statute of limitations for claims under the Lilly Ledbetter Fair Pay Act are extended by each paycheck stemming from discriminatory pay practice.
The plaintiffs—all disabled individuals assigned to the same jobsite—sought to assert claims against their employer and union for discriminatory compensation in violation of the ADA.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Cannot avoid requirements of Affidavit of Merit Statute by naming public entities/organization not defined as licensed professional under statute but that may be liable for professional malpractice pursuant to principles of respondeat superior.
The plaintiff, a state prisoner, claimed he was misdiagnosed by the medical staff of Rutgers University Correctional Healthcare, formerly part of the University of Medicine and Dentistry of New Jersey, which contracted with the state of New Jersey
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
When a covered cause of loss combines with an excluded cause of loss, coverage will be found pursuant to the “concurring cause doctrine.”
The Florida Supreme Court reversed the appellate court and concluded the insured homeowner was entitled to coverage under an “all-risk” homeowners policy after the home sustained damage from both construction defects and hurricane wind
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Under replacement cost policies, insurers can limit insureds’ claims for damages by using cost of repair instead of cost of replacement.
The plaintiff’s custom-made kitchen cabinets were damaged from a water leak. The defendant insurer’s expert claimed that the kitchen cabinets could be restored for $2,585 or replaced for $19,065.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A jury should decide whether injured plaintiffs who spoke no English were “railroaded” by an adjuster into signing a release.
The Superior Court of Pennsylvania reversed a trial court’s order granting summary judgment in favor of a tortfeasor when it determined that a jury should decide if a release signed by the injured plaintiffs should be voided.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.