Publications
Pennsylvania UTPCPL can be used by non-Pennsylvania residents to bring suit against Pennsylvania businesses for out-of-state conduct.
The Pennsylvania Supreme Court determined that a non-Pennsylvania resident can assert a lawsuit under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) against a business that is headquartered in Pennsylvania for conduct
Case Law Alerts, 4th Quarter, October 2018
Employee’s accommodation request to be transferred away from stressful situation or supervisor is per se unreasonable.
The plaintiff filed a complaint alleging a failure to accommodate and disability under the ADA.
Case Law Alerts, 4th Quarter, October 2018
Employee can assert whistleblower claim under CEPA, even if the employer was already aware of the alleged offense from a separate source.
The plaintiff alleged he was terminated in retaliation for his reporting/whistleblowing about a manager’s potential violation of an anti-kickback statute.
Case Law Alerts, 4th Quarter, October 2018
Offer of employment is sufficient consideration to support arbitration agreement.
On the day that the plaintiff was hired as a delivery person, she was instructed to log-on to the company’s website and complete various documents, including an agreement to arbitrate any employment-related claim in lieu of filing a court ac
Case Law Alerts, 4th Quarter, October 2018
Public policy considerations preclude ability to contract out of punitive damage exposure under the New Jersey Law Against Discrimination.
The plaintiff, a human resources specialist, alleged that she was sexually harassed by the Director of Human Resources and her immediate supervisor. The employer sought to dismiss the complaint and to compel arbitration of the claim.
Case Law Alerts, 4th Quarter, October 2018
Florida’s Second DCA finds that genuine issues of material fact exist with respect to insurer’s duty to defend and indemnify, despite insurer’s claim that the allegations of underlying suit fell under “professional services” exclusion.
The plaintiff filed an action against the defendant pharmacy asserting that it negligently caused her injuries.
Case Law Alerts, 4th Quarter, October 2018
Exclusion for operator in violation of his driving conditions was held enforceable.
The Ohio Ninth District Court of Appeals affirmed summary judgment for the insurer, finding that a driver operating a vehicle with a temporary permit, but no licensed driver in the vehicle, was not entitled to insurance coverage under the policy.
Case Law Alerts, 4th Quarter, October 2018
Ohio Appellate Court questions whether an Amish buggy can be an uninsured motor vehicle.
In a case involving a horse drawn buggy and a motorcycle, the Wayne County Court of Appeals reversed and remanded a decision granting summary judgment to the insurer, and found that the buggy was not an uninsured motor vehicle.
Case Law Alerts, 4th Quarter, October 2018
Difficulty in finding an appropriate expert to draft an Affidavit of Merit is insufficient to establish exceptional circumstances to extend the statutory deadline.
The Appellate Division briefly recited the facts controlling their decision to dismiss this complaint: failure to serve a timely Affidavit of Merit (AOM) as required by the AOM statute, N.J.S.A. 2A:53A-26 to -29.
Case Law Alerts, 4th Quarter, October 2018
County Court has confirmed a Chief of Police can be an at-will employee who is subject to the terms of an employment agreement.
The Borough of Elwood City hired a Chief of Police in 2010 outside of the Civil Service Commission procedure and subject to an employment agreement, which stated the Chief was an at-will employee.
Case Law Alerts, 4th Quarter, October 2018