Publications
Engineering firm’s alleged failure to supervise the construction of an airplane hangar were consequential damages and were excluded by the parties’ contract.
Keystone Airpark Authority brought an action for breach of contract and negligence against Passero Associates LLC, the engineering firm tasked with the responsibility to provide “part-time resident engineering services and inspection, [and]
Case Law Alerts, 1st Quarter, January 2019
Judgment finding trustee’s duties limited to obligations spelled out in bond documents affirmed because they were associated, non-discretionary ministerial functions and trustee had no duty to advise mortgagor of deferred interest provision in bond docs.
The Appellate Division affirmed the trial court, holding that the Comparative Negligence Act, N.J.S.A. §§ 2A:15-5.1 to 2A:15-5.8, applied.
Case Law Alerts, 1st Quarter, January 2019
Third Circuit affirmed the summary judgment of the plaintiff’s Title VII race discrimination and ADEA age discrimination claims in a per curiam opinion.
McKinney, who is African American and 64 years old, began working for Meridian Nursing & Rehab in 1999 as a nutritional services supervisor.
Case Law Alerts, 1st Quarter, January 2019
Third Circuit reasons, in considering whether to discredit an employer’s proffered reason for an adverse act, the factual question is whether discriminatory animus motivated the employer, not whether the employer’s decision may have been the best one.
The plaintiff alleged racial and national origin discrimination and retaliation under Title VII and related state law claims.
Case Law Alerts, 1st Quarter, January 2019
Not qualified for job, prima facie case of discrimination under Title VII not proven, new job after medical leave was comparable placement, denied other jobs for legit non-discriminatory reasons, and no defensible FMLA interference or retaliation claims.
The plaintiff worked for Crest Haven Nursing & Rehabilitation Center, a long-term care facility owned and operated by the County of Cape May, New Jersey.
Case Law Alerts, 1st Quarter, January 2019
To establish a claim for employment discrimination based on religious beliefs, an employee must inform an employer of those beliefs prior to an alleged discriminatory action to establish a prima facie case.
Brown asserted claims of unlawful discrimination under Title VII, claiming the defendant unlawfully terminated her after failing to accommodate her unspecified religious beliefs.
Case Law Alerts, 1st Quarter, January 2019
Without a ratcheting-up of harassment or a new additional form of harassment, a single incident of physical intimidation is insufficient to establish constructive discharge or an increase in discrimination or harassment in a retaliatory employment action.
The plaintiff, an African American and Caucasian transgender male, alleged employment discrimination and retaliation.
Case Law Alerts, 1st Quarter, January 2019
Arbitration agreement included as part of job application did not compel arbitration for claim against inter-related company to employer.
The plaintiff worked for three different auto dealerships that were set up as separate corporate entities even though they were commonly owned.
Case Law Alerts, 1st Quarter, January 2019
Terms of shareholder agreement defining employment as “at-will” precludes claim that shareholder could only be terminated “for cause.”
Van Istendal was an employee and minority shareholder in a closely held real estate management company.
Case Law Alerts, 1st Quarter, January 2019
Nonprofit charitable organization can assert claim under NJLAD for associational discrimination.
The plaintiff is a nonprofit charity established to assist autistic children as they transition from childhood to young adulthood.
Case Law Alerts, 1st Quarter, January 2019