Publications
A two-year statute of limitations applies to a discrimination in pay claim brought under the New Jersey law against discrimination regardless of the enactment of the Lilly Ledbetter Fair Pay Act.
Three long-time female Seton Hall University Professors filed suit against the University alleging age and sex discrimination in pay in violation of the New Jersey Law Against Discrimination ("NJLAD").
Case Law Alert - 1st Qtr 2010
Defendant fails to rebut plaintiff's prima facie evidence of negligence where defendant rear-ended a stopped vehicle in heavy traffic, even though defendant was only driving five miles per hour.
The plaintiffs sought to recover damages for personal injuries they allegedly sustained due to a motor vehicle accident where the defendant rear-ended the plaintiff's vehicle.
Case Law Alert - 1st Qtr 2010
Delaware Supreme Court holds that general contractor is not liable to the injured employee of its subcontractor where the subcontractor failed to obtain workers' compensation insurance.
The claimant was injured while working for his employer Wilson Builders, which was the subcontractor at a residential construction site.
Discovery rule does not toll statute of limitations when plaintiff is in possession of medical records identifying a party prior to the expiration of the statute of limitations.
The Appellate Division upheld the dismissal of the plaintiff's wrongful death complaint because it was filed beyond the applicable statue of limitations.
Case Law Alert - 1st Qtr 2010
First Appellate District disagrees with Eighth Appellate District regarding applicability of Ohio revised code 2744.09(b) to retaliation claims against governmental supervisors.
An employee filed an action against a fire district and its chief, alleging that a 20-day suspension for allegedly lying on medical questionnaires constituted retaliation against her for her filing of an age- and gender-discrimination lawsuit and
Case Law Alert - 1st Qtr 2010
The Third Circuit holds that an employee must produce evidence that age was the determinative "but for" factor in the employment decision rather than a secondary consideration.
In Kelly, the Third Circuit Court of Appeals upheld summary judgment in favor of the employer law firm in a former attorney's age discrimination lawsuit.
Case Law Alert - 1st Qtr 2010
A jury is permitted to reject an uncontested expert’s opinion regarding the plaintiff’s “permanent” injuries in reaching the verbal threshold for awarding noneconomic damages.
The plaintiff sued for damages resulting from an automobile rear-end collision. Under New Jersey’s Automobile Insurance Cost Reduction Act, N.J.S.A.
Case Law Alert - 1st Qtr 2010
The defendant's good-faith efforts to obtain additional verification about the offending vehicle being uninsured constituted good cause for not addressing plaintiff's claim.
The plaintiff moved for summary judgment in this no-fault action arising from a pedestrian "knockdown" accident. The defendant requested to respond to the plaintiff's discovery demands.
Case Law Alert - 1st Qtr 2010
In first amendment retaliation claims, after plaintiff states a prima facia case, defendant may adduce evidence of a legitimate, non-discriminatory reason for termination.
The plaintiff, a state trooper, pulled over a car for speeding. The driver of the car was the wife of a PSP Lieutenant, Sheow Lt. Barilar.
Case Law Alert - 1st Qtr 2010
A certificate of merit for a professional liability claim is only required when the claim derives from a professional relationship and it implicates professional judgment.
The plaintiff, a property owner, alleged that in a project to install a water line, the engineer had a duty to her to determine the position of the right-of-ways and/or easements applicable to the water line project and breached that duty by insta
Case Law Alert - 1st Qtr 2010