Publications
Deliberative process privilege does not apply to document requests in employment-related claims.
The plaintiff alleged sex and sexual orientation discrimination and retaliation stemming from her employment with New Jersey Transit.
Case Law Alert - 3rd Qtr 2010
Third Circuit issues conflicting rulings on student internet speech and vacates both opinions.
On February 4, 2010, the 3rd Circuit issued two opinions that reached separate conclusions regarding whether schools can discipline students for material posted on social networking websites.
Case Law Alert - 3rd Qtr 2010
Professional liability and general liability insurance policies cover different risks.
The architect/defendant designed a parking garage. A collapse occurred during construction, resulting in death and injury. The architect's professional liability insurance applied and was exhausted.
Case Law Alert - 3rd Qtr 2010
Choosing the right kind of doctor in a New Jersey malpractice case can be tricky.
The plaintiff, a depressed insomniac, was prescribed Zoloft and Ambien. The defendant was a board certified physician in emergency medicine but practicing family medicine.
Case Law Alert - 3rd Qtr 2010
Failure to renew employment can be akin to discharge.
After working for the college for 26 years, and under a number of consecutive contracts, the plaintiff was advised that her contract of employment would not be renewed.
Case Law Alert - 3rd Qtr 2010
A claim for the specific loss of an eye 27 years after the eye was infected is held compensable when the claim is filed within three years of the date the claimant was notified that the condition had progressed to the point where she lost her vision.
The claimant, a licensed practical nurse, developed an infection of her left eye in 1980 when a patient with herpes simplex virus coughed, causing sputum to spray into her eye.
A claimant who refuses to undergo a drug detox program to be weaned off medications taken for a work injury is subject to suspension of benefits.
The Court upheld a suspension of benefits where the claimant refused to undergo a detoxification program that would wean her off toxic doses of medication taken for the work injury.
Appellate courts lack jurisdictional appellate review of trial court's correction of arbitration award when trial court rationally explains its reasoning and reasoning is grounds for correction under Alternative Procedure for Dispute Resolution Act.
Brent Keys underwent a series of spinal treatments as a result of injuries sustained in a motor vehicle accident at the plaintiff's, Fort Lee Surgery Center, facilities.
Case Law Alert - 2nd Qtr 2010
Absent additional evidence, a sheriff's deputy's failure to activate his sirens and lights while responding to an emergency call does not rise to the level of willful and wanton behavior and is, therefore, protected under sovereign immunity.
The plaintiff-appellants were injured as a result of the plaintiff's motorcycle collided with a deputy sheriff’s vehicle.
Case Law Alert - 2nd Qtr 2010
School board was not liable for damages associated with an automobile accident where the board did not cancel football practice in the rain and allowed the 16-year-old student to drive home after practice with another 17-year-old student.
The plaintiff, Alex Pluchino, then 16 years old, was severely injured in an automobile accident after leaving football practice at Rutherford High School (RHS) in a car driven by third-party defendant Jason Bille, a fellow team member.
Case Law Alert - 2nd Qtr 2010