Publications
New Jersey family leave benefits and temporary disability benefits should be read as being co-extensive and may be collected even when working part-time on a second job.
The plaintiff held both a full-time and part-time job. He sought family leave under the New Jersey Family Leave Act following the birth of his son, but he continued to work his part-time job.
Case Law Alerts, 2nd Quarter, April 2018
Policy equally segregating use of facilities does not violate NJLAD.
The plaintiffs claimed discrimination under the NJLAD after the condominium association adopted pool rules segregating its use based upon gender at certain time periods and in response to 80% of the units in the association being owned by members
Case Law Alerts, 2nd Quarter, April 2018
Settlement of Qui Tam action considered a “prize or award” for purposes of New Jersey state income tax and must be declared as income.
The plaintiff reported fraudulent billing practices at certain hospitals to the Federal Government and was subsequently paid almost $1.3 million as his share of the recovery.
Case Law Alerts, 2nd Quarter, April 2018
To sustain an Equal Pay Act and New Jersey Equal Pay Act claim, the plaintiff must identify a similarly situated person of the opposite sex who was paid more. The plaintiff’s statement that she was “unique” doomed her cause of action.
As part of her wrongful termination claim, the plaintiff, a Latina female, alleged violations of both the Federal Equal Pay Act and the New Jersey Equal Pay Act.
Case Law Alerts, 2nd Quarter, April 2018
Punitive damages are not recoverable for breach of contract in Ohio.
This Ohio Supreme Court decision involving a dispute between an insurance agent and an insurer has potential implications for claims alleging breach of insurance contracts and breach of the duty of good faith and fair dealing.
Case Law Alerts, 2nd Quarter, April 2018
Insurance agents should not make representations regarding expertise or coverage for a specific claim.
A moving and storage company in California tendered the defense of a personal injury suit to Transguard, which denied coverage.
Case Law Alerts, 2nd Quarter, April 2018
A sagging roof is not a collapse. Exclusion for fungi, wet rot, dry rot or bacteria precludes coverage for sagging trusses.
In 2014, the insured reported that the trusses holding up its roof had moved and were sagging.
Case Law Alerts, 2nd Quarter, April 2018
Ohio Supreme Court to determine scope of the sub-contractor exception to the workmanship exclusion in a CGL policy.
The Ohio Supreme Court has agreed to hear the appeal of Cincinnati Insurance Company from the Third District Court of Appeals (Hancock County), which found that the sub-contractor exception to the “your work” exclusion required Cincinn
Case Law Alerts, 2nd Quarter, April 2018
CGL policy does not cover damage that began before the policy’s inception.
After full briefing and oral argument, the Ohio Supreme Court dismissed the appeal, letting stand the Fourth Appellate District’s decision found at 2016-Ohio-3473.
Case Law Alerts, 2nd Quarter, April 2018
Where an exclusionary clause can be interpreted in more than one way, the 5th DCA may read it in the way most likely to find coverage.
Hicks was insured under an “all risks” policy.
Case Law Alerts, 2nd Quarter, April 2018