Publications
Four-factor standing test for "injury in fact" for ADA claim involving removal of architectural barriers.
The plaintiff, a New Jersey resident with quadriplegia, instituted suit under the ADA and alleged that two Atlantic City hotel/casinos were mandated to remove architectural barriers.
Case Law Alert - 1st Qtr 2011
If an insured’s misrepresentation constitutes a “warranty,” then the policy may be void ab initio.
A warranty is a representation of material fact by an insured that is incorporated into the policy. A false statement which amounts to a warranty can render a policy void ab initio if it satisfies a two-prong test.
Case Law Alert - 1st Qtr 2011
Employee not required to appeal of adverse administrative decision before pursuing CEPA claim.
The plaintiff was employed by the sheriff's department. After being laid off, he sought relief before the Civil Service Commission where his claim was denied.
Case Law Alert - 1st Qtr 2011
Theft of company documents to support discrimination claim may constitute protected activity.
The plaintiff was employed as the defendant's Executive Director of Human Resources. After she was passed over for promotion, she began to copy company documents and provided them to her attorney.
Case Law Alert - 1st Qtr 2011
The standard for evaluating allegations of work-related cardiovascular injury or death.
The petitioner was employed as a maintenance technician for the respondent, who was contracted to perform maintenance and repair work at the U.S. Coast Guard base in Cape May, New Jersey.
An employer's "premises" defined: employee parking lot injuries and the premises rule.
The petitioner was employed as a cook for the respondent, which provided food services pursuant to a government contract at Fort Dix, an Army installation located in Burlington County, New Jersey.
Architect retained ownership of plans it prepared until it was paid for its services.
The owner/developer of a property had a contract to build a new Family Courthouse in Philadelphia. The owner paid the architect for its original plans. After governmental review, revisions were made, and a revised set of plans were prepared.
Case Law Alert - 1st Qtr 2011
Procedural deficiency not a bar to effective tolling of the statute of limitations.
Where the plaintiffs had effectively tolled an extension to the statute of limitations period by 90 days, despite a failure to satisfy a "special rule of pleading," the Delaware Supreme Court reversed and remanded the trial court's
Case Law Alert - 1st Qtr 2011
Explanation required to withhold payment from a Delaware construction contractor.
In this construction contract dispute, the court awarded prejudgment interest, but not attorneys fees, to a roofing contractor under the Delaware Construction Prompt Payment Act, 6 Del. C.
Case Law Alert - 1st Qtr 2011
NJLAD obligation to accommodate sincerely held religious observance or practice.
The plaintiff was a "Born Again" Christian and asserted that his religious beliefs precluded him from working on Sunday.
Case Law Alert - 1st Qtr 2011