Publications
The ejection of a resident from a council meeting for attempting to object to the council's procedure is not, per se, a first amendment violation.
The resident alleged that the chairperson ejected the resident from a council meeting when he attempted to object to the council's procedures. The resident spoke outside the portion set aside for public comments.
Case Law Alert - 3rd Qtr 2011
District court holds that the public policy exemption to at-will employment does not extend to wage payment-related retaliatory discharge claims.
The plaintiff filed a wrongful discharge claim against his former employer, alleging his employment was terminated in retaliation for filing a prior lawsuit against his employer, which alleged violations of the Pennsylvania Wage Payment and Collec
Case Law Alert - 3rd Qtr 2011
Is "merited criticism" of an employee's job performance sufficient to give rise to a finding of compensability in a psychiatric disability claim?
The petitioner, a former security officer for the employer, filed a claim with the Division of Workers' Compensation alleging occupational exposure to stressful working conditions and harassment from her supervisor.
New Jersey statute prohibiting the use of "step-down" clauses only applies to accidents occurring after the passage of the legislative amendment.
A step-down clause limits the UM/UIM coverage available to an employee of a named insured to the amount of coverage available under the employee's personal motor vehicle policy.
Case Law Alert - 3rd Qtr 2011
A claim of negligent misrepresentation is not considered an "accident" and, thus, does not trigger coverage or a duty to defend under a policy.
Where an insurance policy provides coverage for property damage caused by an "accident," and "accident" is defined as continuous or repeated exposure to the same conditions resulting in property damage, a claim of negligent mis
Case Law Alert - 3rd Qtr 2011
A request for utilization review by the employer does not constitute an admission of causation or prohibit the employer from denying causation.
The claimant began receiving workers' compensation benefits for a work-related low back strain and sprain pursuant to a Notice of Temporary Compensation Payable that later converted to a notice of compensation payable.
The employer's issuance of a box four notice of workers' compensation denial does not estop the employer from denying a work place injury.
The employer issued a notice of workers' compensation denial, acknowledging that a low back injury took place but denying that the claimant was disabled as a result of the work injury. The claimant then filed a claim petition.
The protection of CEPA does not extend to employees who are engaged in whistleblowing activity based on the actions of third parties.
The plaintiff sued her employer, alleging wrongful termination and violations of the CEPA and NJLAD. The trial court dismissed the plaintiff's CEPA claims for failure to state a claim.
Case Law Alert - 3rd Qtr 2011
The Supreme Court holds that the fair labor standard act's anti-retaliation provision includes oral as well as written complaints.
The plaintiff alleged that his employment was terminated after he made several oral complaints to his supervisors and his employer's representatives concerning potential violations of the Fair Labor Standards Act.
Case Law Alert - 3rd Qtr 2011
Arbitration clause in the first of multiple contracts for the same project applied to the work at issue under the second contract.
The owner sued the architect for negligent design and oversight on a project. The architect brought the contractor into the case on a third party claim, alleging the "construction defects" were due to the contractor's negligence.
Case Law Alert - 3rd Qtr 2011