Publications
Florida Appeals Court holds that association is jointly and severally liable for past due assessments.
In July 2008, the Association initiated lien foreclosure proceedings against the owner of Unit 402 ("the Unit") in the Spiaggia Ocean Condominium.
Case Law Alert - 2nd Quarter 2013
Allegations and plaintiff's certification that mayor controlled day-to-day activities of township in which plaintiff was employed were sufficient to draw reasonable inference that mayor was plaintiff's employer and defeat 12(b)(6) motion to dismiss.
The plaintiff, the tax collector of Weehawken, New Jersey, alleged that he was subjected to six acts of retaliation by his employers, the Township of Weehawken, its mayor and its town manager, after he submitted a certification in support of a civ
Case Law Alert - 2nd Quarter 2013
Employee failed to establish causal connection between request for future leave and termination when employer immediately offered employee a salary increase and suggested she join its medical insurance plan when she informed employer she may have cancer.
The plaintiff alleged that she was retaliated against in violation of the ADA after she advised her employer that she may have cancer and may need time off in the future for medical treatments and was laid off approximately three months later.
Case Law Alert - 2nd Quarter 2013
U.S. Steel's random drug and alcohol testing on probationary employees complies with the Americans with Disabilities Act.
The EEOC initiated a class action lawsuit, arguing that U.S.
Case Law Alert - 2nd Quarter 2013
Court finds that a confidentiality provision in a Fair Labor Standards Act Settlement Agreement impermissibly frustrates the implementation of the FLSA.
The parties negotiated a resolution of a collective action pursuant to the Fair Labor Standards Act and sought the court's approval of the settlement agreement.
Case Law Alert - 2nd Quarter 2013
Plaintiff's ADA testing accommodation claim failed where the testing site attempted to implement accommodations but was interrupted when the plaintiff started a fire in the restroom.
The plaintiff asserted that the defendant violated the ADA when it failed to "[r]easonably accommodate her visual impairment" at the time she sat for an examination.
Case Law Alert - 2nd Quarter 2013
The employer's rule requiring employees to "always store the gun in a safe place" was too vague for the employer to prove violation of the rule and avoid payment of unemployment benefits.
Crespo was employed as an armed security guard by Doyon Security Services. On the day he was discharged, Crespo was assigned to roam the outside perimeter of a detention facility.
Case Law Alert - 2nd Quarter 2013
Job duty exception to New Jersey whistle-blower claim brought under CEPA.
The plaintiff was employed by the labor union, and, as part of his regular duties, he would participate in financial audits.
Case Law Alert - 2nd Quarter 2013
Reasonable belief of unlawful conduct giving rise to a whistle-blowing claim must be based on more than subjective conjecture.
The plaintiff became aware of an accounting shortfall for a client that he monitored. When he brought the issue to a supervisor, he was told not to worry about it, but he was not given an explanation or reason.
Case Law Alerts - 2nd Quarter 2013
Allowing an employee to operate equipment without proper safety equipment is not per se a viable Laidlow claim.
The plaintiff sustained an eye injury while working as a carpenter and using a pneumatic nail gun. The nail gun lacked the manufacturer's guard, and the plaintiff was not wearing safety goggles.
Case Law Alerts - 2nd Quarter 2013