Publications
Florida Supreme Court holds that F.S. 607.0850 provides for indemnification to the directors of a condo association when sued by the association itself.
In July 2003, La Costa Beach Resort Condominium Association, Inc. (La Costa) brought suit against three directors of the timeshare condominium for breach of fiduciary duty.
Case Law Alert - 4th Qtr 2011
Plaintiff may use successor as comparator and need not rely on simultaneous employees to establish prima facie case of gender-based wage discrimination.
The plaintiff sued the County alleging gender discrimination and wage discrimination.
Case Law Alert - 4th Qtr 2011
Third Circuit Court of Appeals applies discovery rule to professional negligence claim in reversing Middle District's grant of summary judgment.
The plaintiff Nicholas Knopick appealed from the United States District Court for the Middle District of Pennsylvania's grant of summary judgment in favor of defendant Philip A. Downey, Esquire.
Case Law Alert - 4th Qtr 2011
CEPA waiver provision precludes comparable common law claims, and dismissal of non-CEPA claims must take place before commencement of trial.
The plaintiff filed suit against her former employer and alleged that she was terminated for objecting to their fraudulent billing practices.
Case Law Alert - 4th Qtr 2011
Is a state-licensed foster parent an employee or an independent contractor under the terms of the New Jersey Workers' Compensation Act?
The petitioner, a foster parent licensed in the state of New Jersey, filed a claim with the Division of Workers' Compensation after falling on the stairs during a foster parent training program presented by the respondent, a private, non-profi
Case Law Alert - 4th Qtr 2011
The Supreme Court holds that the largest potential class action employment lawsuit was improperly certified as a class action.
In Dukes, the Supreme Court was tasked to address whether the most expansive gender discrimination case was properly certified as a class action in accordance with the Federal Rules of Civil Procedure.
Case Law Alert - 4th Qtr 2011
A third-party tortfeasor may not seek indemnification and contribution from a negligent co-worker for a plaintiff's injuries.
The plaintiff was employed as a field technician. On September 23, 2008, while in the course of his employment, the plaintiff was driving an employer-owned vehicle.
Case Law Alert - 4th Qtr 2011
Jury verdict sheet must set forth the specific retaliatory action found by the jury and giving rise to the damage award.
The plaintiff, a sergeant in the police force, instituted a CEPA action alleging that he was improperly paid out of grade and, as a result of his complaints, the police department retaliated against him.
Case Law Alert - 4th Qtr 2011
The state as a self-insured entity is not immune from subrogation claims under Delaware's Financial Responsibility Act.
A no-fault insurer, GEICO, as subrogee for its insured, filed an action against the defendants, the state and its employee, to recover first party benefits paid as a result of a motor vehicle accident that occurred between the employee and the ins
Case Law Alert - 4th Qtr 2011
Interpreting the Federal Aviation Act's limitation of liability for aircraft lessors, owners and secured parties.
Under Section 44112 of the Federal Aviation Act, an aircraft lessor, owner or secured party is insulated from liability for personal injury, death or property damage "on land or water," unless the aircraft is in the "actual possessi
Case Law Alert - 4th Qtr 2011