Publications
FLSA minimum wage requires reimbursement to employee for expenses if failure to do so results in net wages falling below required minimum
The plaintiff was employed by the Board of Education as a food service driver, which involved delivering food and supplies to schools within the city of Hoboken. The plaintiff used his own vehicle, and he paid for gas out of his own pocket.
Case Law Alerts, 3rd Quarter, July 2015
In a defamation action, either actual damages or presumed damages may be sought, but not both. In the absence of proof of actual damages, only nominal damages may be awarded
The plaintiffs brought a claim for defamation based upon the contents of a background report prepared about them and which included comments attributed to the defendant.
Case Law Alerts, 3rd Quarter, July 2015
LAD claim of retaliation cannot be asserted against a union absent showing that the union was the “employer” under the statute
The plaintiff and other members of Local #9 were referred to a job site where Shaw Industries was the construction manager or employer. Shaw accepted the Union’s recommendation for the positions of foreman and assistant foreman.
Case Law Alerts, 3rd Quarter, July 2015
Claim of retaliatory action requires that plaintiff establish that a decision maker was aware of claim of discrimination
The plaintiff, a regional manager, was terminated for consuming alcohol at work.
Case Law Alerts, 3rd Quarter, July 2015
Attorneys who do not require the payment of up-front retainers are not “creditors” pursuant to The Truth in Lending Act, 15 U.S.C. § 1601 to 1667(f)
The defendant retained the plaintiff law firm to represent her in a divorce.
Case Law Alerts, 3rd Quarter, July 2015
Denied: insurer’s motion to dismiss plaintiff’s claim for stacked UIM benefits and bad faith as there existed an issue of fact regarding whether plaintiff was entitled to such benefits
The Middle District Court considered the defendants’ Motion for Summary Judgment in which it sought dismissal of the plaintiff’s claims for UIM benefits and bad faith.
Case Law Alerts, 3rd Quarter, July 2015
Household vehicle exclusions upheld in two separate motor vehicle policies where the motorcycle the plaintiff was operating at the time of the accident was not a covered vehicle
This case dealt with motions to dismiss filed by the defendants GEICO and Nationwide. The issue was whether the plaintiffs were entitled to UIM benefits with respect to policies that had been issued by those insurers.
Case Law Alerts, 3rd Quarter, July 2015
Defendant’s motion to dismiss granted with respect to plaintiff’s claims for violation of the covenant of good faith and fair dealing, negligence and vicarious liability
This case dealt with the defendant’s motion to dismiss four counts of the plaintiff’s complaint. The plaintiff had been involved in a motor vehicle accident with an uninsured motorist.
Case Law Alerts, 3rd Quarter, July 2015
A reservation of rights letter is ineffective when it is untimely and not specifically addressed to the additional insured
In this unprecedented and highly impactful case, the Pennsylvania Superior Court held that two separate reservation of rights (ROR) letters were ineffective as to an additional insured because they were addressed to the named insureds and were sen
Case Law Alerts, 3rd Quarter, July 2015
“Named driver only” policy does not conflict with Section 1718(c) of the MVFRL and does not violate public policy
The plaintiff appealed the trial court’s determination that the “named driver only” automobile policy issued to Zainab Walker did not violate Section 1718(c) of the MVFRL and is not contrary to public policy.
Case Law Alerts, 3rd Quarter, July 2015