Publications
The insurance carrier was not required to produce the disputed documents identified in its privilege log where it had not waived the attorney-client privilege.
In this underinsured motorist case, the Middle District Court considered whether the defendant’s assertion of the attorney-client privilege and/or work-product doctrine to withhold responsive documents in discovery was warranted.
Case Law Alerts, 4th Quarter 2013
Evidence regarding the UIM limits of the policy and the amount of liability insurance coverage available to the tortfeasor was admissible and not overly prejudicial to the defendant.
The plaintiff had been involved in a motor vehicle accident with an underinsured motorist in which she suffered injuries to her neck and right shoulder. Her policy with the defendant included UIM coverage.
Case Law Alerts, 4th Quarter 2013
When an insurer tenders a defense subject to a reservation of rights, the insured may choose one of two options:
When an insurer tenders a defense subject to a reservation of rights, the insured may choose one of two options: (1) accept the defense, in which case it remains unqualifiedly bound to the terms of the consent to settle provision of the po
Case Law Alerts, 4th Quarter 2013
Municipality not liable under Monell for a single investigation that violated the Pennsylvania Child Protective Services Law as the violation did not result from an agency policy or custom.
The appellants contend that the removal of their children and grandchild from their home in 2006 violated their constitutional rights.
Case Law Alerts, 4th Quarter 2013
Township, officers not liable for injuries to passenger of innocent vehicle in police pursuit when agency had adequate pursuit policy, officer received training in pursuit policy and agency lacked pattern of constitutional violations of vehicle pursuits.
The plaintiff, a passenger in a vehicle involved in a police pursuit, sued a township, its police officers and a supervisor, asserting claims under 42 U.S.C.S.
Case Law Alerts, 4th Quarter 2013
Suspension of a taxi license is not a due process violation so long as a hearing is provided prior to license suspension.
The New Jersey Appellate Division affirmed the summary judgment dismissal of the plaintiff’s complaint for the alleged violation of his due process rights.
Case Law Alerts, 4th Quarter 2013
Supreme Court limits employer’s liability for co-worker’s actions under Title VII.
The United States Supreme Court held that an employee can be viewed as a “supervisor” for purposes of vicarious liability under Title VII only if he or she is empowered by the employer to take tangible employment actions against the vi
Case Law Alerts, 4th Quarter 2013
Defense of Marriage Act is held unconstitutional.
The United States Supreme Court held that DOMA is unconstitutional as a deprivation of the equal liberty of persons, which is protected by the Fifth Amendment.
Case Law Alerts, 4th Quarter 2013
Data breach lawsuit against LinkedIn is dismissed for lack of standing.
After a hacker obtained 6.5 million passwords and email addresses from LinkedIn (the professional networking site), two of its users brought a putative class action claiming that LinkedIn had misrepresented its level of security.
Case Law Alerts, 4th Quarter 2013
Plaintiff given leave to amended complaint to include punitive damages claims based on defendant tractor trailer driver’s alleged cell phone use at time of accident.
The court granted the plaintiff’s motion to amend his complaint in order to incorporate punitive damages claims based upon the defendant tractor trailer driver’s alleged cell phone use at the time of the alleged accident.
Case Law Alerts, 4th Quarter 2013