Publications
NJLAD requires employer to engage in interactive process as part of accommodation obligation.
The plaintiff, a power equipment operator, became ill and was out of work for over six months. While on leave, he exhausted his FMLA leave and his short-term disability.
Case Law Alerts, 3rd Quarter, July 2016
CEPA waiver provision mandates dismissal of NJLAD retaliation claim that arises from same conduct and is not substantially independent.
The plaintiff filed a lawsuit against her employer, alleging violations of Title VII, the NJLAD and CEPA.
Case Law Alerts, 3rd Quarter, July 2016
Insurer with the right to settle or litigate claims against their insureds is held responsible for plaintiff’s attorney’s fees and costs pursuant to rejected proposal for settlement.
Geico challenged the final judgment in an automobile insurance case holding it liable to pay the injured plaintiff’s attorney’s fees and costs.
Case Law Alerts, 3rd Quarter, July 2016
An attorney can be liable for the plaintiff’s attorneys’ fees in a legal malpractice action if the attorney intentionally breached his fiduciary duty as trustee and escrow agent, even though the attorney was not acting as the plaintiff’s attorney.
The plaintiff and his former spouse (a citizen of Spain) were in a contested divorce proceeding for custody of their daughter, a dual citizen of the United States and Spain.
Case Law Alerts, 3rd Quarter, July 2016
Western District of Pennsylvania admonishes later filing of a parallel state court proceeding as “improper act of procedural fencing.”
The insurer for a law firm in Western Pennsylvania filed a federal action under the Declaratory Judgment Act, seeking a determination by the court as to whether coverage was owed for underlying claims of legal malpractice, breach of contract and b
Case Law Alerts, 3rd Quarter, July 2016
New Jersey Appellate Court clarifies duty to defend in cases involving mixed claims.
In this declaratory judgment action, the insurer appealed an order requiring it to provide a defense for its insured, an insurance agency, relating to claims in an underlying Texas case that arose out of an alleged breach of a non-compete agreemen
Case Law Alerts, 3rd Quarter, July 2016
Eastern District of Pennsylvania finds no third-party standing to bring a bad faith claim.
The court dismissed a pro se litigant’s bad faith action against an insurance company by a party based upon claims that the insurer refused to settle an action brought against its insured by the plaintiff.
Case Law Alerts, 3rd Quarter, July 2016
Claims metrics are admissible to show the motives of adjustors.
In a bad faith claim arising out of an automobile accident and subsequent excess judgment where GEICO refused the opportunity to settle within policy limits, the court considered several evidentiary issues before trial.
Case Law Alerts, 3rd Quarter, July 2016
Generic notices of filing will not suffice in opposing motions for summary judgment.
The plaintiff, a medical facility, filed suit against State Farm for failing to make payments for personal injury protection benefits for services rendered to State Farm’s insured.
Case Law Alerts, 3rd Quarter, July 2016
Police officer didn’t commit willful misconduct and he is entitled to indemnification by the city under PA Political Subdivision Tort Claims Act, but it does not absolve him from liability for assault, battery, false imprisonment/arrest claims.
A Philadelphia police officer was sued in state court for assault, battery and false imprisonment arising out of his actions in striking and arresting the plaintiff during an encounter involving the plaintiff’s son.
Case Law Alerts, 3rd Quarter, July 2016