Publications
A common law Pierce claim for unlawful retaliation only exists for claims of wrongful termination.
The plaintiff filed suit alleging that she was not promoted in retaliation for her filing of an EEOC charge against her prior employer and that she was physically and sexually harassed by co-workers.
Case Law Alerts, 1st Quarter, January 2015
Claimant asserting a violation of the NJLAD before the Division of Civil Rights must be notified of their right to withdraw the administrative claim and to pursue a court action.
The plaintiff filed a claim of disability discrimination against her landlord with the New Jersey Division of Civil Rights.
Case Law Alerts, 1st Quarter, January 2015
Scope of investigation of records of subsequent employment may be limited.
The plaintiff alleged that she was terminated in retaliation for testifying as a witness in another employee’s EEOC hearing and corroborating the allegations of race discrimination. As part of discovery, St.
Case Law Alerts, 1st Quarter, January 2015
Pennsylvania Superior Court holds that there is no right to a jury trial under the Pennsylvania Whistleblower Law.
The plaintiff appealed the court’s decision striking the plaintiff’s request for a jury trial on his claims under the Pennsylvania Whistleblower Law following a bench trial that resulted in a verdict in favor of the plaintiff’s f
Case Law Alerts, 1st Quarter, January 2015
General denials by a legal malpractice plaintiff are insufficient to warrant denial of the defendants’ detailed and well-supported motion for summary judgment.
In their second motion for summary judgment and on appeal, the defendants successfully asserted that they explained the ramifications of a stock restriction or advised against the settlement proposals because the value of the plaintiffs’ stock wou
Case Law Alerts, 1st Quarter, January 2015
An attorney may still owe a duty, as a matter of law, to explain unambiguous business terms in a written agreement even when the client is a sophisticated businessperson who negotiated the terms of the agreement himself.
While it is clear that an attorney owes a client a duty of care, as a matter of law, arising from their attorney-client relationship, the Appellate Court reversed the grant of summary judgment for the defendants where genuine factual disputes exis
Case Law Alerts, 1st Quarter, January 2015
A law firm partner in an LLP does not lose his liability protection if the LLP fails to obtain or maintain professional liability insurance as required by Rule 1:21-1C(a)(3).
The defendant partner successfully argued that he is shielded from liability as a partner in a limited liability partnership (LLP) and is not vicariously liable for the alleged legal malpractice of his former partner despite the LLP’s failure to p
Case Law Alerts, 1st Quarter, January 2015
Real estate agent’s failure to disclose purely psychological stigma connected to a property does not constitute material defect of that property such that liability would arise for fraud, negligent misrepresentation or a violation of the (UTPCPL).
The plaintiff brought this action following the purchase of a piece of property from the defendants.
Case Law Alerts, 1st Quarter, January 2015
Summary judgment in declaratory judgment action warranted where insurer failed to disclaim coverage “as soon as reasonably possible.”
The plaintiff appealed the entry of summary judgment in favor of the defendant, James Ciuffo, who had sustained personal injury while working on a construction project operated by the defendant-insured, Mowery Construction, Inc.
Case Law Alerts, 1st Quarter, January 2015
No summary judgment where there is a disputed issue of material fact as to insured’s legal obligation to pay claim.
This action concerned whether an insurer owed coverage to Manzo-Pianelli, who was involved in an automobile accident with the permissive driver of the insured’s vehicle.
Case Law Alerts, 1st Quarter, January 2015