Clarity in reason for summary judgment required.
An appeal of a summary judgment was granted when based on the plaintiff’s expert giving a net opinion.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Knowledge of reliance on expertise may bar release of gross negligence.
In this case, a release was effective in barring a claim in ordinary negligence and negligent hiring, as it was not the result of unequal bargaining.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
New Jersey arbitration agreements must unambiguously inform plaintiffs that they are giving up right to pursue claims in court.
A motion to compel arbitration was denied on appeal.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
When credibility issues may impact the determination of material facts, summary judgment is not appropriate.
The Third District Court of Appeal held that the trial court erred in entering summary judgment for the defendant, a tire store, whose employee serviced a tire
Case Law Alerts, 2nd Quarter, April 2020 is prepared
First Department issues two decisions on prior injuries and discovery.
In two recent decisions, the First Department clarified discovery on prior or related injuries.
Automobile insurance policy provisions requiring a first-party inured to undergo an IME in order to seek first party benefits is against public policy, absent a court order.
All Pennsylvania automobile insurers are required to provide a minimum medical benefit of $5,000.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Pennsylvania Superior Court rules that credentialing files are not privileged.
In considering Dr. Petraglia’s application to its medical staff, St.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Employer may be required to provide temporary accommodation to disabled employee even if the the employee can’t perform all of the essential functions of their position.
The plaintiff, a female police officer, brought a claim against her employer under the New Jersey Pregnant Workers Fairness Act.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
New Jersey Federal Court standard for approval of FLSA settlement.
The plaintiffs brought a collective action under both the FLSA and the NJWHL, alleging that they were forced to “work off-the clock.” After extensive litigatio
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Qualified immunity can protect an employer who provides a negative reference in response to an inquiry from a prospective employer.
The plaintiff’s conditional offer of employment with the Department of Veteran Affairs was revoked when it was notified by Community Hospital Group that the pl
Case Law Alerts, 2nd Quarter, April 2020 is prepared