Publications
Appellate Division suggests a Ferreira conference may be required before a trial court can dismiss a case under the Affidavit of Merit Statute.
The plaintiff filed a complaint against the defendant/hospital and one of its emergency room nurses in which he alleged professional malpractice and ordinary negligence.
Employer’s mistaken belief of misuse of FMLA time was sufficient to defeat a FMLA retaliation claim.
The plaintiff took intermittent FMLA leave due to a degenerative bone disease condition. During one of the plaintiff’s FMLA requested days off (which he requested due to pain), he was arrested and convicted of a DUI.
New Jersey appeals court voids mandatory arbitration policy for workplace disputes, holding that the employee did not agree to the terms.
The plaintiff was presented with the employer’s new mandatory arbitration policy via an electronic upload. The plaintiff clicked the box that indicated he read and understood the policy.
Case Law Alerts, 4th Quarter, October 2017
Third Circuit holds that plaintiffs may not seek damages pursuant to Section 1983 for stand-alone violations of Title VII or the ADA.
The plaintiff, an investigator with the Pennsylvania Human Relations Commission, alleged that her supervisors subjected her to harassment on the basis of her race and constructively discharged her, in violation of Title VII and the Americans with
Case Law Alerts, 4th Quarter, October 2017
Third Circuit finds that a custodial foreman’s authority to assign work to the plaintiff required a finding that he was the plaintiff’s supervisor for purposes of Title VII.
The plaintiff was a substitute custodian in the employer’s school district. As a substitute custodian, she could obtain assignments at any school within the school district.
Case Law Alerts, 4th Quarter, October 2017
Third Circuit permits age discrimination claims to proceed to trial when the employer deviated from its standard ranking system to the benefit of three significantly younger candidates for employment.
The plaintiffs sought review of the dismissal of their age discrimination claims following the employer’s failure to hire them for full-time positions.
Case Law Alerts, 4th Quarter, October 2017
A general release settling a bodily injury claim that fails to carve out the insured’s right to pursue a UIM claim precludes the ability to seek UIM benefits.
An insured settled her bodily injury claim against a tortfeasor and signed a general release in which she agreed to release “any and all other persons or entities whatsoever” from claims arising from the accident.
Case Law Alerts, 4th Quarter, October 2017
New Jersey federal court reaffirms that, absent special circumstances, an insurer does not owe a fiduciary duty to an insured.
In a coverage dispute encompassing several claims, an insured alleged its insurer breached its fiduciary duty. The court acknowledged there are circumstances where an insurer owes a fiduciary duty, but it recognized that these are limited.
Case Law Alerts, 4th Quarter, October 2017
Utility Exception to governmental immunity under Political Subdivision Tort Claims Act applies to dangerous conditions caused by work performed on facilities of local agency and created by agency’s negligent actions/inaction.
The plaintiff, an electrical service provider, brought an action in negligence against the City of Reading to recover damages and costs it incurred in making repairs to its equipment, which it claimed were caused by the city’s negligence.
Case Law Alerts, 4th Quarter, October 2017
Appeals court holds that the Fourth, not Fourteenth, Amendment applies to cases where an officer strikes a passenger in a fleeing vehicle.
In the early morning hours of a Sunday, the plaintiff was the passenger in a vehicle being driven by her son, who committed a traffic violation and refused to pull over, thus initiating a slow-speed pursuit, which led police directly into the hear
Case Law Alerts, 4th Quarter, October 2017