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Because the original complaint did not include allegations of sex discrimination, it is improper to let this new theory proceed to the jury because the employee did not first pursue her administrative remedies.
The Court of Appeals for Florida's Third District reversed a jury verdict finding age discrimination in violation of Florida's Civil Rights Act of 1992 and awarding $950,000 to a 51-year-old television reporter whose contract was not renew
Case Law Alert - 2nd Qtr 2012
Employer liability under "substantial certainty" test requires more than just evidence of disabled safety guard.
The plaintiff's husband was fatally injured while in the course of his employment and while operating a company-owned manlift.
Case Law Alert - 2nd Qtr 2012
Continuing violation theory does not apply to FLSA claim for overtime.
The plaintiff was employed by the Board of Education as a part-time occupational therapist. She asserted that during her eight years of employment, she regularly worked overtime in order to fulfill her job requirements.
Case Law Alert - 2nd Qtr 2012
Prima facia showing of FMLA retaliation claim may be shown by temporal proximity.
Following an extended period of performance problems, the plaintiff took an approved FMLA leave for a back injury. On the first day back from the FMLA leave, the plaintiff was terminated.
Case Law Alert - 2nd Qtr 2012
NJLAD retaliation claim cannot be premised upon lateral transfer.
Following the settlement of the plaintiff's initial LAD action against her employer, the plaintiff was transferred to a different office. The plaintiff alleged that this was in retaliation for the prior action.
Case Law Alert - 2nd Qtr 2012
NJLAD claim of aiding and abetting cannot be asserted against actual harasser.
The plaintiff alleged that, following the settlement of a prior discrimination claim against his employer, his supervisor was abusive and wrongfully terminated him. The complaint only alleged wrongful conduct by the supervisor.
Case Law Alert - 2nd Qtr 2012
Pennsylvania Commonwealth Court holds that there is no cause of action for non-workplace alleged sexual harassment pursuant to the Pennsylvania Human Relations Act.
The Commonwealth Court reviewed a decision from the Court of Common Pleas that sustained the defendant's preliminary objections and dismissed the plaintiff's complaint.
Case Law Alert - 2nd Qtr 2012
A question of law not litigated on appeal may not constitute law of the case.
Unlike res judicata, which applies to subsequent actions between the same parties on the same cause of action, the law of the case doctrine is triggered when successive appeals are taken in the same case.
Case Law Alert - 2nd Qtr 2012
Legal malpractice claim can be pursued against first attorney in matrimonial action for inadequate settlement when subsequent settlement does not place litigant in as good a posture, even if litigant describes subsequent settlement as reasonable.
The plaintiff resolved a property dispute with her ex-husband and entered into a settlement agreement with a reservation of rights to sue her former attorney for legal malpractice.
Case Law Alert - 2nd Qtr 2012
Limitation of liability provision in arbitration agreement is unconscionable, contrary to public policy and cannot be severed to uphold the remainder of the agreement.
The petitioner, a nursing home resident, filed suit against Manor Care for negligence and a violation of her resident's rights.
Case Law Alert - 2nd Qtr 2012