Publications
Employee failed to establish causal connection between FMLA request and termination from employment where compelling evidence that employee engaged in terminable offense severed any purported causal chain for purposes of his FMLA retaliation claim.
The employee alleged that he was terminated in retaliation for requesting FMLA leave—namely, that he requested and was "on" intermittent FMLA leave and was terminated two weeks following his leave request.
Case Law Alert - 4th Qtr 2012
Cat's Paw liability for employer based on biased investigation.
The plaintiff claimed that she was wrongfully terminated due to racial animus and following an altercation with a co-worker.
Case Law Alert - 4th Qtr 2012
Contractual restriction of statute of limitations of NJLAD claim.
The plaintiff alleged violations of the ADA and NJLAD relating to a failure to accommodate her physical impairments.
Case Law Alert - 4th Qtr 2012
Enforcement of forum selection provision for employment-related claims.
The plaintiff, a New Jersey resident, accepted employment with a Florida-based company, although she worked from her home in New Jersey.
Case Law Alert - 4th Qtr 2012
Validity of comparators for claim of disparate treatment.
The plaintiff claimed that he was wrongfully terminated in violation of the NJLAD and sought to establish the claim by showing a disparity of treatment between himself and certain alleged comparators.
Case Law Alert - 4th Qtr 2012
Sufficiency of EEOC filing to meet statute of limitations.
Following the plaintiff's termination, she completed an intake questionnaire with the EEOC in which she alleged that she was terminated because of her age.
Case Law Alert - 4th Qtr 2012
Pennsylvania Supreme Court holds that a labor arbitration award pursuant to the Public Employee Relations Act reinstating an employee who was terminated for acts of sexual harassment violated well-defined public policy and should be vacated.
In The Philadelphia Housing Authority, the employee was found to have engaged in "lewd, lascivious and extraordinarily perverse" sexual harassment—which included verbal comments and inappropriate touching—toward another employee and was t
Case Law Alert - 4th Qtr 2012
Pennsylvania Superior Court affirms refusal to instruct jury as to rules of professional conduct in legal professional negligence actions.
The plaintiffs Mabel and Cris Smith, mother and son, filed a professional negligence claim against two lawyers, Gerald Morrison and Scott Morrison, claiming that the attorneys breached their fiduciary duties to Mabel and Cris by simultaneously rep
Case Law Alert - 4th Qtr 2012
A health care provider who received assignment of PIP benefits from an insured is not obligated to furnish to the insurer information with respect to the provider's ownership structure, billing practices and regulatory compliance.
In this New Jersey Supreme Court action, the court affirmed, on different grounds, the Appellate Division's determination in Selective Ins. Co. of Am. V. Hudson E. Pain Mgmt., 416 N.J. Super. 418 (App. Div. 2010).
Case Law Alert - 4th Qtr 2012
Physician Assistants (PAs) are not authorized to perform the electrodiagnostic test known as needle electromyography (EMG).
In this New Jersey Supreme Court action, the Court affirmed the Appellate Division's determination in Selective Ins. Co. of Am. v. Rothman, 414 N.J. Super. 331 (App. Div. 2010).
Case Law Alert - 4th Qtr 2012