Publications
Plaintiff's declaratory judgment action did present an actual case or controversy by pleading actual harm and the significant possibility of future harm.
The plaintiff filed an action for declaratory judgment, breach of contract and bad faith with the United States District Court for the Northern District of Ohio, Eastern Division. The defendant insurer filed a motion to dismiss all three counts.
Case Law Alert, 1st Qtr 2012
Insurer did not act in bad faith by making offer below policy limits where there were legitimate issues regarding insured’s entitlement.
This case arose from a vehicle accident in which the deceased was killed while walking along the side of the road.
Case Law Alert, 1st Qtr 2012
The gist of the action doctrine barred the plaintiff’s tort claim against the insurer.
The plaintiff submitted a claim for uninsured motorist benefits and income loss benefits under the Personal Injury Protection coverage of the policy.
Case Law Alert, 1st Qtr 2012
There have been a significant amount of pro se employment discrimination complaint filings in the U.S.D.C. in and for Delaware. A review of the decisions from the last six months are decisions on motions to dismiss rather than any substantive decisions.
Tani filed a complaint regarding his alleged employment contract and his termination from employment. He filed suit against three separate defendants.
Case Law Alert, 1st Qtr 2012
Plaintiff's FMLA inference claim failed where she asserted that she was improperly placed on FMLA leave.
The plaintiff filed a lawsuit against her former employer alleging, among other things, that it interfered with her rights under the FMLA and retaliated against her.
Case Law Alert, 1st Qtr 2012
District Court holds that a written disciplinary consultation was not an adverse employment action to support a claim pursuant to Title VII.
The plaintiff filed her lawsuit alleging that she was discriminated against on the basis of her race and gender and that a co-worker was sexually harassing her.
Case Law Alert, 1st Qtr 2012
District Court dismisses nurse's FMLA and disability discrimination claims when she was terminated eleven days after her return to work following a medical leave.
In Estate of Nancy Murray, the plaintiff filed a lawsuit against her former employer following her termination as a staff nurse.
Case Law Alert, 1st Qtr 2012
Pennsylvania Commonwealth Court upholds Pennsylvania Human Relations Commission's determination that a personal care facility discharged patient because she had HIV and awarded counsel fees for a frivolous appeal.
The Commonwealth Court reviewed a decision from the Pennsylvania Human Relations Commission, which found that the personal care facility violated the Pennsylvania Human Relations Act by denying a resident a place in the facility because she had HI
Case Law Alert, 1st Qtr 2012
Contract provision may validly shorten CEPA statute of limitations period.
The New Jersey Conscientious Employee Protection Act ("CEPA") contains a statutory one-year statute of limitations which generally begins to run from the date of the retaliatory adverse employment action.
Case Law Alert, 1st Qtr 2012
Adverse unemployment finding may preclude summary dismissal of NJLAD claim.
Following the plaintiff's termination, she applied for unemployment benefits, and the employer contested her entitlement based upon the argument that she had been discharged for misconduct.
Case Law Alert - 1st Qtr 2012