Publications
A foreign defendant does not waive its right to contest personal jurisdiction when defendant retains American counsel, does not enter an appearance, and challenges a default judgment against defendant on personal jurisdiction grounds.
The decedent died in a motor vehicle collision with a truck operated by the defendant, a Kuwaiti transport company in Iraq. The decedent's estate filed a tort law claim in District Court.
Case Law Alert - 2nd Qtr 2010
Tort law applies to proceedings that result from the automobile accident, and contract law governs only those aspects of the underinsured motorist claim that are not controlled by the resolution of facts arising from the accident.
An underinsured driver struck the insured-plaintiff's vehicle. The insured tendered bodily injury policy limits to her insurer, State Farm. The insured then offered, in writing, to settle with the insurer and kept the offer open for 30 days.
Case Law Alert - 2nd Qtr 2010
Appeals court throws out $1.2 million whistleblower verdict and a $523,000 fee award, and applying LAD precedent, rules that the plaintiff was not entitled to damages because he was not terminated or constructively discharged.
A Salem County jury found in favor of the plaintiff, a chemical engineer at duPont Chambers Works factory.
Case Law Alert - 2nd Qtr 2010
Public interest attorney representing claimant in an NJLAD and CEPA claim may negotiate resolution that includes payment of fees. However, restrictions exist on terms and conditions that may be attached to offer of settlement.
The plaintiffs retained legal services and instituted an action alleging causes of action under both the NJLAD and CEPA. At a court ordered mediation, a tentative settlement was reached.
Case Law Alert - 2nd Qtr 2010
Allegation by disabled claimant of past frequent use and intention to return to facility in the future is sufficient basis to provide standing to bring action under ADA and the New Jersey Law Against Discrimination.
The claimant, a disabled individual who resides in Florida, filed an action against the County and City of Camden alleging that due to architectural barriers he was unable to fully access the services which they offered.
Case Law Alert - 2nd Qtr 2010
A party maintaining a rail crossing under court order must yield to New York Department of Ttransportation's order to close the crossing under the state's police power to ensure public safety on its railways.
A 1989 state court order directed Conrail to restore and maintain a rail crossing on the plaintiff's land. Under the order, Conrail, and successor CSX Transportation Inc., have maintained and improved the crossing.
Case Law Alert - 2nd Qtr 2010
Where a party alleges insufficient legal representation, any correspondence and communications between the party and the party's retained counsel concerning the defense of the party are subject to discovery.
The plaintiff insurance company brought a declaratory judgment action against the insureds where the plaintiff sought an order that it had no duty to indemnify the insured to a consent judgment entered against them in an underlying lawsuit.
Case Law Alert - 2nd Qtr 2010
An employer is not required to prove that a notice of ability to return to work is sent on a specific date in order to establish that the notice was promptly provided as required by §306 (b) (3) of the Act.
This is a case that was reconsidered by the Commonwealth Court after the court granted a Petition for Reconsideration of a July 29, 2000, opinion.
In age discrimination claims under the New Jersey Law Against Discrimination, claimants need not show that they were replaced by younger workers but must only show that age played a role in the decision.
The plaintiff's position as Divisional Vice President of Informational Services was eliminated, and he was terminated at the age of 57. The plaintiff alleged that his duties were distributed among remaining workers who were younger.
Case Law Alerts - 2nd Qtr 2010
A plaintiff's release of principals whose potential liability was vicarious does not also discharge plaintiff's claims against the agent where there is an express reservation of rights against the agent.
In this medical malpractice action, the plaintiff settled with one physician and the two employers, but expressly reserved his rights to proceed against the remaining defendant-physician only.
Case Law Alert - 2nd Qtr 2010