Publications
A plaintiff may proceed with a medical malpractice law suit, despite a late tort claim notice, when the court finds “extraordinary circumstances” existed.
The trial court dismissed the plaintiff’s case for failure to provide a timely notice of tort claim.
Case Law Alerts, 3rd Quarter, July 2019
New life breathed into choice-of-law analysis: Travel from there to Pennsylvania for the events at issue gives Pennsylvania the greater interest in the application of its law.
New Jersey residents placed their disabled adult son at a residential care facility located in Pennsylvania.
Case Law Alerts, 3rd Quarter, July 2019
For the purposes of the ten-year statute of repose set forth in Florida Statute Section 95.11(3)(c), the term “founded on” means based upon, arising from, growing out of, or resting upon.
The plaintiff appealed an order in favor of the defendant, which was based on the application of the statute of repose.
Case Law Alerts, 3rd Quarter, July 2019
Administrative exhaustion is not jurisdictional for Title VII plaintiffs.
In an unanimous decision, the United States Supreme Court resolved an important question for plaintiffs alleging employment discrimination and/or retaliation under Title VII—is the statute’s administrative exhaustion requirement jurisd
Case Law Alerts, 3rd Quarter, July 2019
Non-compete restrictive covenants are enforceable if they serve a legitimate business reason, but their scope is subject to revision if undue hardship is found.
The employer imposed two restrictive covenants on its employees, the first as a condition of hiring and a second, more restrictive covenant, for “high-performing employees” that was a condition of receiving a stock award with the compa
Case Law Alerts, 3rd Quarter, July 2019
Non-resident plaintiff may not assert a claim under the NJ LAD when he was not employed in New Jersey but was bringing the suit of discrimination allegations that arose in New Jersey.
The plaintiff lived and worked out-of-state but filed a complaint in New Jersey for retaliation and termination under NJ Law Against Discrimination (NJ LAD), alleging the employer’s actions were due to the plaintiff’s complaints about
Case Law Alerts, 3rd Quarter, July 2019
A plaintiff’s obesity disability discrimination claim must have direct or circumstantial evidence to show that the employer perceived a disability because of an existing medical condition that causes the plaintiff’s obesity.
The plaintiff, a bus driver, filed suit against the employer for hostile work environment and disability discrimination under NJ LAD.
Case Law Alerts, 3rd Quarter, July 2019
Use of medical marijuana under Compassionate Use Act not a protected characteristic under the NJ LAD; however, the condition giving rise to the prescription may be considered a disability, NJ LAD may impose an obligation to accommodate its medicinal use.
The plaintiff was a cancer patient who had been prescribed medicinal marijuana. Shortly after informing his employer of his usage, he was terminated.
Case Law Alerts, 3rd Quarter, July 2019
Insurer entitled to summary judgment on bad-faith claim unless insured can establish a “nexus” between damages claimed and the alleged cause of loss.
The pro se plaintiff filed suit over a denial of benefits under her homeowner’s policy.
Case Law Alerts, 3rd Quarter, July 2019
Judicial review of a final award in appraisal is “severely limited.”
The Superior Court reviewed a trial court order granting summary judgment in favor of an insurer on claims for breach of contract and bad faith. The underlying case centered on provisions in a commercial property policy that governed appraisal.
Case Law Alerts, 3rd Quarter, July 2019