Publications
Punitive damages may be available in a distracted driver action where the plaintiff has evidence that the defendant driver was actually using a GPS device at the time of the accident.
A trial court in Lackawanna County recently found that punitive damages are not available to a plaintiff in an automobile crash when the defendant may have been distracted by his GPS while driving, absent evidence that the driver was actually usin
Case Law Alert, 4th Quarter 2013
Limiting appellate review of a motion to reconsider a remand order.
In multi-party aviation litigation, defendants frequently attempt removal to federal court, oftentimes relying upon diversity of citizenship as the basis for claiming federal subject matter jurisdiction.
Case Law Alert, 4th Quarter 2013
Florida district court holds that bank is entitled to prevailing party attorney’s fees under F.S. 718.303(1) in foreclosure action.
In these consolidated cases, Ocean Bank (Bank) appealed two orders that denied its request for attorney’s fees against Caribbean Towers Condominium Association (Association).
Case Law Alert, 4th Quarter 2013
The United States Supreme Court holds that a mixed-motive jury instruction in a Title VII retaliation case is improper.
The United States Supreme Court held that a plaintiff bringing a retaliation claim under Title VII must demonstrate “that the desire to retaliate was the but-for cause of the challenged employment action” and further noted that a &ldqu
Case Law Alert, 4th Quarter 2013
The Supreme Court holds that an employee is a “supervisor” for purposes of vicarious liability under Title VII only when the employer has empowered the employee to take tangible employment actions against the alleged victim.
The Supreme Court resolved a circuit split and held that an employee is a supervisor for purposes of establishing vicarious liability in a Title VII hostile work environment case only when “the employer has empowered that employee to take ta
Case Law Alert, 4th Quarter 2013
Third Circuit finds that group of employees’ Fair Labor Standards Act claims for unpaid wages and overtime did not require an interpretation of collective bargaining agreements and did not require arbitration pursuant to collective bargaining agreements.
The plaintiffs filed a collective action pursuant to the Fair Labor Standards Act against SEPTA, seeking recovery of unpaid wages and overtime in connection with pre-run reporting responsibilities and pre-trip vehicle safety inspections (which gen
Case Law Alert, 4th Quarter 2013
Plaintiff’s failure to seek treatment for her alleged serious medical condition required dismissal of her FMLA claims.
The plaintiff alleged that her former employer interfered with her rights pursuant to the Family and Medical Leave Act when it denied her FMLA leave and retaliated against her when it terminated her employment.
Case Law Alert, 4th Quarter 2013
Determination of employment relationship for purposes of FLSA requires analysis of scope of “whole activity.”
The plaintiffs filed a collective action under the FLSA alleging that they were misclassified as independent contractors when in actuality they were employees of the defendant, even though their contracts specifically delineated their status as be
Case Law Alerts, 4th Quarter 2013
Sincere religious belief that conflicts with employer’s policy will require analysis of the employer’s ability to reasonably accommodate the faith-based request.
The EEOC initiated the lawsuit under Title VII after the defendant failed to accommodate a prospective employee’s religious belief with regard to maintaining his beard, which was at odds with the employer’s “no facial hair”
Case Law Alerts, 4th Quarter 2013
Waiver of a right to a jury trial can be a valid condition for employment.
The plaintiff filed an age discrimination claim following his termination and asserted claims under the NJLAD.
Case Law Alerts, 4th Quarter 2013