Publications
NJLAD Public Accommodation protection does not extend to a claim of harassment or a hostile environment when the good/service is actually provided.
Following the plaintiff's dismissal from UMDNJ, the plaintiff filed suit alleging public accommodation discrimination pursuant to N.J.S.A. 10:5-12(l) and alleging harassment while he was a student.
Case Law Alert - 1st Qtr 2012
Plaintiff alleging disability discrimination and failure to accommodate maintains burden of showing ability to perform essential functions of job with/without accommodation. Employer not obligated to "bump" another employee to create acceptable position.
The plaintiff worked as a salesperson, and his job required frequent travel. The plaintiff alleged that, due to the onset of panic attacks, he was unable to travel over bridges or through tunnels.
Case Law Alert - 1st Qtr 2012
The Appellate Division held that Correctional Medical Services was not entitled to the protections of the affidavit of merit statute because it failed to confirm its licensure.
The issue in this appeal is whether the Correctional Medical Services ("CMS") is an entity entitled to the protection of the Affidavit of Merit statute ("AOM statute").
Case Law Alert - 1st Qtr 2012
A Philadelphia County Court of Common Pleas trial court has held that damages for legal malpractice claims sounding in breach of contract are limited to the legal fees the plaintiff paid to his attorney.
Typically, the measure of damages for breach of contract claims includes consequential damages to the extent such damages were reasonably foreseeable and contemplated by the parties at the time the contract was entered into.
Case Law Alert - 1st Qtr 2012
Doctor who referred a patient to a specialist had no duty to the patient after the referral.
Upon finding that a doctor who referred a patient to a specialist had no duty to the patient after the referral, the Delaware Supreme Court affirmed the trial court's grant of summary judgment to a defendant.
Case Law Alert -1st Qtr 2012
Failure to provide medical records within 10 days constitutes evidence supporting waiver of requirement to provide corroborating medical opinion prior to filing suit for medical malpractice, despite plaintiff's failure to provide pre-payment for records.
The plaintiff, an indigent inmate acting pro se, asserted that he was relieved of the requirement to provide a corroborating medical expert opinion prior to filing his medical malpractice complaint because the doctors and operator of the
Case Law Alert - 1st Qtr 2012
The New Jersey Supreme Court places another requirement upon litigants under the Affidavit of Merit Statute.
The plaintiff was diagnosed with mild depression and insomnia and was prescribed Zoloft and Ambien by the defendant physician. Weeks later, the plaintiff took an Ambien and fell asleep while inspecting his gun.
Case Law Alert - 1st Qtr 2012
Plaintiff's expert for certificate of merit purposes must have qualifications such that a trial court would find them sufficient to allow that expert to testify at trial.
If a plaintiff's claim against a medical professional is meritless and the matter is terminated, it may be worthwhile to request from plaintiff's counsel, pursuant to Pa.R.C.P. No.
Case Law Alert - 1st Qtr 2012
Court stays civil case as criminal charges pending.
The plaintiff filed a lawsuit against the Board of Education and Jimmie Warren, principal of a school in Clifton, New Jersey, alleging that her two children were subjected to sexually suggestive communications by Warren while employed with the Boa
Case Law Alert - 1st Qtr 2012
A community college, as a local agency, is not immune under the Pennsylvania Political Subdivision Tort Claims Act for alleged statutory violations Of Consumer Protection Law statute.
Before the students completed the defendant college's police technology program, the Pennsylvania Municipal Police Officers' Education and Training Commission suspended the Academy's Act 120 certification.
Case Law Alert - 1st Qtr 2012