Publications
An employer's alleged failure to strictly adhere to its progressive discipline policy was insufficient to defeat summary judgment.
The plaintiff alleged gender discrimination following the termination of his employment as a radiology technician at a hospital. The facts presented to the court revealed that the plaintiff had several incidents where he demonstrated difficu
Case Law Alerts, 3rd Quarter, July 2014
The court granted employer's motion to dismiss, holding that plaintiff's wrist injury was not a disability under the Americans with Disabilities Act as a matter of law.
The plaintiff alleged that she sustained a wrist injury during her employment and that the injury resulted in chronic tendonitis, which required her to wear a wrist splint and restricted her lifting to less than 20 pounds. Following her inju
Case Law Alerts, 3rd Quarter, July 2014
Statute of limitations for pursuing either CEPA or NJLAD claim is not tolled by Civil Service Appeal.
The plaintiff, a former police officer, appealed from the dismissal of his CEPA and NJLAD claims, which the trial court had dismissed on statute of limitations grounds.
Case Law Alerts, 3rd Quarter, July 2014
CEPA waiver provision applicable only after a plaintiff has had a meaningful opportunity to gather facts and choose his/her remedy based upon that information.
The plaintiff filed an action for wrongful termination and age discrimination under both the New Jersey CEPA and the NJLAD.
Case Law Alerts, 3rd Quarter, July 2014
Claim that the plaintiff did not understand the scope of an Arbitration Agreement and/or that his limited knowledge of English precluded a full understanding of the terms of the Agreement are not enough to invalidate the Agreement’s enforcement.
Sears sought to dismiss its former employee’s wrongful termination suit and to compel arbitration in accordance with the terms of an agreement that had been entered into during the plaintiff’s employment.
Case Law Alerts, 3rd Quarter, July 2014
Alleged joint tortfeasor is unable to assert Laidlow claim against the plaintiff’s employer.
The plaintiff was injured while working as a machine operator with Cambridge Pavers. The plaintiff sued the manufacturer of the machine as well as the distributor.
Case Law Alerts, 3rd Quarter, July 2014
Kinship guardian status is protected under FMLA and NJFLA.
The plaintiff sued her former employer, alleging violations of the FMLA and the NJFLA, relating to her leave of absence to become the kinship guardian for her nephew’s son.
Case Law Alerts, 3rd Quarter, July 2014
A rose by any other name would smell as sweet: Scaling back economic loss rule fails to prevent dismissal of tort claims which are not independent of contract.
The plaintiff entered into a brokerage agreement with the defendants by which they would sell the plaintiff's gold to Florida customers. The parties had an oral contract governing their relationship.
Case Law Alerts, 3rd Quarter, July 2014
Communications between attorneys and their expert witnesses are currently not discoverable in Pennsylvania.
An equally divided Supreme Court of Pennsylvania held that there can be no discovery of communications between attorneys and expert witnesses in Pennsylvania.
Case Law Alerts, 3rd Quarter, July 2014
Court held that allegations regarding insurance carrier’s investigative practices was irrelevant to bad faith claim since the court had already determined that the carrier had not improperly denied coverage for the claim.
In this property damage case, the insured's property was destroyed in a fire. Travelers determined that there was no coverage for the loss because the property did not have a sprinkler system, as required by the policy.
Case Law Alerts, 3rd Quarter, July 2014