Publications
Voluntary dismissal of a breach of contract claim against an insurer does not preclude the filing of a bad faith claim.
The plaintiff filed suit against Allstate alleging breach of contract and uninsured/underinsured motorist coverage stemming from a motor vehicle accident involving the plaintiff and Sean Ryon. Also, the plaintiff alleged negligence against Mr.
Case Law Alert - 3rd Qtr 2012
Entrustment exclusion applies to real property, such as fixtures, when entrusted to another.
Before the court was Lexington's motion for summary judgment.
Case Law Alert - 3rd Qtr 2012
The Supreme Court holds that sovereign immunity mandated dismissal of an employee's claim under the FMLA's "self-care" provision against a state.
The Supreme Court determined that the FMLA's "self-care" provision did not apply to the states because Congress failed to properly abrogate the state's Eleventh Amendment immunity when it enacted the "self-care" provision of FMLA.
Case Law Alert - 3rd Qtr 2012
Pharmaceutical sales representatives are exempt from overtime under the Fair Labor Standards act pursuant to the "outside salesmen" exemption.
The Supreme Court found that pharmaceutical sales representatives, whose primary duty is to obtain nonbinding commitments from physicians to prescribe their employer's prescription drugs in appropriate cases, qualify as "outside salesmen" under th
Case Law Alert - 3rd Qtr 2012
Third Circuit holds that an employer's policy precluding traveling while an employee on FMLA leave is appropriate and no violation of the FMLA occurs when that policy is enforced.
The Third Circuit upheld summary judgment in favor of an employer in an employee's claim that the employer interfered with her rights under the FMLA.
Case Law Alert - 3rd Qtr 2012
3rd Cir. holds that employee failed to demonstrate causal connection between initiation of workers' compensation claim and termination because the record was clear he was terminated for failing to immediately report work-related injury.
The employee alleged that he was wrongfully terminated in violation of Pennsylvania common law in retaliation for filing a workers' compensation claim.
Case Law Alert - 3rd Qtr 2012
Third Circuit holds that an employer's policy precluding traveling while an employee on FMLA leave is appropriate and no violation of the FMLA occurs when that policy is enforced.
The Third Circuit upheld summary judgment in favor of an employer in an employee's claim that the employer interfered with her rights under the FMLA.
Case Law Alert - 3rd Qtr 2012
CEPA's statutory whistle blowing protection does not extend to independent contractors.
The plaintiff was employed by Transnet Corporation as a computer technician, and he provided technical support to Transnet's client, Colgate.
Case Law Alert - 3rd Qtr 2012
Reasonable accommodation requirement for access to public park.
The plaintiff is a paraplegic and filed suit under Title II of the ADA and the NJLAD claiming that he was denied access to a public park.
Case Law Alert - 3rd Qtr 2012
Administrative exhaustion requirement and election of remedies.
The plaintiff filed suit against his former employer alleging violations of the ADA and NJLAD. In advance of filing suit, the plaintiff filed a complaint with the EEOC and completed an addendum to charge form with the NJDCR.
Case Law Alert - 3rd Qtr 2012