Publications
Where an owner settles a contractor's claims and assigns its rights against the architect, the contractor is not barred from pursuing the claims if the contractor was "not a stranger" to the claims at issue.
The contractor sued the owner school district for delay claims, and the owner joined the architect. The owner settled with the contractor and assigned its rights against the architect to the contractor.
Case Law Alert, 1st Quarter 2013
Valet service cannot be held liable for negligently entrusting a motor vehicle to its rightful owner.
Nicole Weber died as a result of a motor vehicle accident where she was a passenger in a car driven by Michael Price. Price had left his car in the custody of a valet car service, and when he returned to pick it up, he was visibly intoxicated.
Case Law Alert, 1st Quarter 2013
Appellate court compels production of plaintiff's private Facebook materials after a finding of discoverable photographs on plaintiff's public access profile on Facebook.
In the ongoing saga to determine the scope of discovery as it relates to social media sites, the New York Supreme Court Appellate Division provided some further guidance on the issue.
Case Law Alert, 1st Quarter 2013
Section 1722 of the motor vehicle financial responsibility law does not prohibit a double recovery of first-party benefits and UIM payments.
The Superior Court recently overruled the decision of Pusl v. Means, 982 A.2d 550 (Pa.Super. 2009), in addressing the amount of damages recoverable where a plaintiff is making claims for both first-party and underinsured (UIM) benefits.
Case Law Alert, 1st Quarter 2013
Fair Labor Standards Act settlements must be approved by a court or by the Secretary of Labor in order to be deemed effective.
The plaintiffs filed a collective action pursuant to the Fair Labor Standards Act, alleging the employer failed to pay him and other hourly workers overtime compensation and alleging that he was not paid for hours actually worked.
Case Law Alert - 1st Quarter 2013
An employee's gender discrimination and retaliation claims failed when he was terminated in connection with a harassment complaint issued by a co-worker.
The plaintiff alleged gender discrimination and retaliation in connection with his termination from employment.
Case Law Alert - 1st Quarter 2013
An employee's disability discrimination claim failed where she merely alleged that a co-worker "regarded her" as disabled.
The plaintiff filed a lawsuit alleging that her co-worker's one-time use of a pejorative term with respect to her supported a "regarded as" disability discrimination claim.
Case Law Alert - 1st Quarter 2013
An employee's failure to provide evidence that the decision maker was aware of his disability mandates dismissal of his claim.
The plaintiff and another employee were terminated following an incident where a resident fell and was injured and the subsequent investigation by the employer revealed that proper procedures were not utilized by the employees.
Case Law Alert - 1st Quarter 2013
Sufficiency of adverse action to give rise to CEPA claim.
The plaintiff was a deckhand aboard a passenger ferry and a member of a collective bargaining unit that was governed by a CBA.
Case Law Alert - 1st Quarter 2013
"Whistle-blowing" of actions of subordinates does not give rise to CEPA claim.
The plaintiff complained about the work performance and conduct of a number of his subordinates and recommended their discharge. The conduct complained of was not requested or sanctioned by the employer.
Case Law Alert - 1st Quarter 2013