Publications
LMRA preemption does not bar discrimination claim unless interpretation of CBA is required as part of the resolution of the cause of action.
The plaintiff filed a complaint in federal court alleging a hostile work environment and race discrimination.
Case Law Alerts, 2nd Quarter, April 2019
EEOC administrative exhaustion requirement met for all claims that naturally arise out of the facts set forth in the EEOC charge, even when not specifically asserted.
The plaintiff filed a complaint premised upon a claim of age discrimination under the ADEA and following the EEOC’s issuance of a right to sue letter.
Case Law Alerts, 2nd Quarter, April 2019
Attorney’s fees awarded to successful plaintiff under the New Jersey Law Against Discrimination can be reduced by the court based upon a finding of an unreasonable rejection of pre-verdict settlement offer.
After a four-day trial, a jury awarded the plaintiff $5,000 on her retaliatory discharge claim brought under the NJLAD and $2,982.59 in lost wages. Plaintiff’s counsel then sought an award of legal fees of $360,588 and costs of $8,282.56.
Case Law Alerts, 2nd Quarter, April 2019
Relaxed federal pleading requirements render dismissal of bad faith count “impossible” pre-discovery.
The plaintiff filed suit under a homeowner’s policy, alleging breach of contract and statutory bad faith under 42 Pa. C.S.A. 8371. The defendant moved to dismiss the bad faith count for demurrer and insufficient specificity.
Case Law Alerts, 2nd Quarter, April 2019
Discovery of similar claims evidence in 42 Pa. C.S.A. 8371 bad faith cases remains “disfavored” in the Third Circuit.
The plaintiff insured moved to compel the defendant’s responses to interrogatories, requesting disclosure of any bad faith suits filed against the insurer within the past ten years.
Case Law Alerts, 2nd Quarter, April 2019
“Split in authority” makes federal court the preferred forum for defending a UTPCPL claim.
The plaintiff filed suit alleging violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), among other counts.
Case Law Alerts, 2nd Quarter, April 2019
Ohio Supreme Court holds that general contractor’s CGL insurer is not obligated to defend suit alleging subcontractor’s faulty workmanship.
The Ohio Supreme Court has revisited, affirmed and applied its earlier decision in Westfield Ins. Co. v.
Case Law Alerts, 2nd Quarter, April 2019
Insurance company cannot sue their retained defense counsel for legal malpractice.
When an insurance company retains a law firm to represent an insured to defend a lawsuit, can the insurance company sue the law firm for legal malpractice if it is not satisfied with the law firm’s defense of its insured?
Case Law Alerts, 2nd Quarter, April 2019
Fifth District Court of Appeal certifies question to Florida Supreme Court regarding disparate treatment of discoverability of financial relationship with experts.
The Fifth District Court of Appeal certified the following question to the Florida Supreme Court as one of great public importance: Whether the analysis and decision in Worley should also apply to preclude a defense law firm that is not a
Case Law Alerts, 2nd Quarter, April 2019
Third District Court of Appeal holds that mother of developmentally disabled child has no standing to sue university legal clinic for malpractice.
The mother of Brittany Oliver, a developmentally disabled person, appealed the trial court’s final order dismissing the second amended complaint with prejudice against the University of Miami School of Law’s Children & Youth Law Clinic for fai
Case Law Alerts, 2nd Quarter, April 2019