Publications
Failure to provide individualized notice of FMLA rights can support interference claim.
The plaintiff was terminated following her failure to return to work following the exhaustion of her approved FMLA leave.
Case Law Alerts - 2nd Quarter 2013
IFL certification requirements relating to approved FMLA leave.
The Police Union challenged the County's policy of requiring employees who were granted intermittent family leave to provide medical certifications supporting each date of leave.
Attorney's assurances to client that a Master's recommendation in divorce proceedings was incorrect served to toll the statute of limitations of legal malpractice action under the equitable tolling doctrine.
In this legal malpractice action, the attorney-defendant appealed a jury verdict entered against her in favor of the plaintiff, her former client in underlying divorce and support proceedings.
Case Law Alerts - 2nd Quarter 2013
Plaintiffs in legal malpractice actions premised upon breach of contract may recover all actual damages incurred, including consequential damages.
In this legal malpractice action, the plaintiffs set forth a claim for breach of contract arising from an underlying stock purchase agreement, wherein the plaintiffs erroneously believed, based upon attorney-defendants' advice, that the sale w
Case Law Alerts - 2nd Quarter 2013
Appellate court affirms admissibility of causation testimony from treating physician without prerequisite expert report.
The appellate court rejected the defendant's appeal where he claimed that the plaintiff's treating neurosurgeon, Dr.
Case Law Alerts - 2nd Quarter 2013
In order for an insurer to claim secondary insurance coverage, the underlying policy must provide coverage.
Before the court were cross-motions for summary judgment involving a dispute over insurance coverage for a condominium unit that was damaged when a toilet inside it broke, allowing water to run throughout the unit.
Case Law Alerts - 2nd Quarter 2013
Insurer has no basis to argue for dismissal for failure to obtain a guardian due to age-related cognitive disabilities.
The court determined that an insurer has no basis to obtain a dismissal based on an elderly insured's failure to file for guardianship.
Case Law Alerts - 2nd Quarter 2013
The entire controversy doctrine bars a plaintiff from subsequently bringing a bad faith claim due to a failure to settle a first-party UM claim.
Before the court was the plaintiffs' appeal from an order granting summary judgment to their insurer, defendant New Jersey Manufacturers Insurance Company.
Case Law Alert - 2nd Quarter 2013
A claim for breach of covenants of good faith and fair dealing requires the plaintiff to plead a distinct factual basis.
This insurance coverage dispute involves claims by the plaintiff for supplementary benefits under two insurance policies for injuries he suffered in a car accident. Before the court were motions by the defendant GEICO pursuant to Fed. R.
Case Law Alerts - 2nd Quarter 2013
The residency requirement limited the scope of the coverage, and to find otherwise would be inappropriate judicial extension of coverage.
Before the court were the parties' cross motions for summary judgment.