Publications
CEPA award does not automatically entitle the plaintiff to punitive damages.
The plaintiff filed a CEPA claim alleging illegal activity by a co-worker. The claim proceeded to trial, and the jury found that the plaintiff's discharge was in retaliation for her whistle-blowing activity.
Case Law Alert - 1st Quarter 2013
Sufficiency of evidence for claim of negligent hiring and retention.
The plaintiff claimed that she was sexually assaulted by a Wyndam employee while she was in the course of her work duties.
Case Law Alert - 1st Quarter 2013
Standard for entitlement to good faith defense under FLSA and NJWHL.
Blue Sky was found to have violated both the FLSA and NJWHL by failing to pay overtime wages to its mechanics.
Case Law Alert - 1st Quarter 2013
Appellate Division held that litigation privilege does not bar client's malpractice claim against his/her attorney.
The issue in this appeal is whether the trial court properly dismissed the plaintiff's, Buchanan, claim for malpractice against the attorneys who represented him in the underlying matter.
Case Law Alert - 1st Quarter 2013
Appellate division held, nature and scope of any attorney’s professional responsibilities may be outside ken and experience of average lay juror; however, no expert needed when defendant attorney testifies to specific failure in underlying representation.
The plaintiff’s complaint was dismissed on a motion based upon her failure to produce expert opinion regarding the standard of professional care applicable to the defendants in the course of their representation of plaintiff in the purchase
Case Law Alert - 1st Quarter 2013
Common knowledge doctrine does not apply when affidavit of merit is required because it is not the label placed on the action that is pivotal but the nature of the legal inquiry.
The plaintiff noticed an advertisement to invest in a real estate project located in Vietnam. The advertising newspaper and person introduced the plaintiff to two other co-investors and attorney Michael Song, Esq.
Case Law Alert - 1st Quarter 2013
Material misrepresentations made by an insured in an application for insurance will serve to void the PIP claim of the insured's resident boyfriend where a "spouse-like" relationship is found to exist.
New Jersey Appellate Division determination involving an appeal of a Superior Court finding in favor of Nelson. This case stemmed from an automobile accident which occurred in 2006 while Mr. Martino, Ms.
Case Law Alerts - 1st Quarter 2013
Defendants in personal injury actions may demand information about financial relationship between plaintiff's treating physicians/experts ("hybrid witnesses") and plaintiff's counsel if plaintiff was referred to the doctors by the lawyer or vice versa.
In examining the relationship between plaintiffs and treating physicians who also offer expert opinions in personal injury actions (“hybrid witness”), the court noted that a treating physician, like any other witness, is subject to imp
Case Law Alert - 1st Quarter 2013
Overlap in practice areas between emergency room medicine and plastic surgery suffices to satisfy plaintiff's obligation under Affidavit of Merit statute.
The plaintiff presented to the emergency room with a laceration on his forehead.
Case Law Alert - 1st Quarter 2013
Continued expansion of corporate liability and punitive damages against managing entities of nursing homes.
A jury awarded compensatory damages for injuries the deceased suffered as a result of neglect while a resident at the Philadelphia Nursing Home, which was operated by Episcopal Long Term Care.
Case Law Alert - 1st Quarter 2013