Publications
Impounding a Vehicle Falls under Community Caretaking Exception to Fourth Amendment’s Warrant Requirement and Is Not a Taking under Fifth Amendment.
After township police officers conducted a traffic stop and found the driver did not have a license, registration or insurance, they had the car impounded.
Case Law Alerts, 4th Quarter, Octo
A Graduate Student May Be an Employee for Purposes of Title VII Discrimination.
A former student in the defendant’s Ph.D. program alleged quid pro quo sexual harassment and retaliation by a professor/advisor.
Case Law Alerts, 4th Quarter, Octo
Does a Municipality Have Statutory Duty to Indemnify Its Police Officer for Judgment Entered Against Him in Federal Civil Rights Lawsuit?
In late 2012, 16-year-old Shane McGuire and friends smashed pumpkins and stacked bricks on the doorstep of the home of City of Pittsburgh Police Officer Colby Neidig.
Case Law Alerts, 4th Quarter, Octo
Summary Judgment Granted Despite Pro Se Litigant
Newton, represented by counsel, filed a complaint against Shoeneberger, alleging negligence following a motor vehicle accident.
Case Law Alerts, 3rd Quarter, July
Third District Reverses Trial Court Ruling That Policy’s Fire Endorsement Incorporated Physical Damage Provision
This suit involved the interpretation of a commercial automobile insurance policy and the interplay between its fire endorsement and physical damage provision.
Case Law Alerts, 3rd Quarter, July
Fourth District Reverses Trial Court Ruling Granting Summary Judgment Where Supporting Factual Position Was Not Filed at Least Forty Days Prior To Hearing
The lower court suit in this matter involved the appellee’s contention that the personal injury protection (PIP) policy limit of $10,000 had exhausted and therefore, no policy benefits remained in light of the appellant’s contention that it had be
Case Law Alerts, 3rd Quarter, July
First District Affirms Trial Court Order Granting Underinsured Motorist Insurer’s Motion to Set-Off Damages Awarded to Insured by a Tortfeasor’s Liability Policy Limits
After being involved in a motor vehicle accident with Marquisha Thurman, the appellant pursued, then abandoned a claim against Thurman, who had a liability policy with a $25,000 per person limit.
Case Law Alerts, 3rd Quarter, July
Injury on Work Premises Still Considered Outside Scope of Employment
The petitioner appealed from the order of the Division of Workers’ Compensation dismissing his petition for benefits based on lack of compensability.
Case Law Alerts, 3rd Quarter, July
Superior Court of New Jersey, Appellate Division Affirmed Entry of Summary Judgment Which Held That Defendant Utilized the Cable on the Property Which Caused Personal Injury for a Legitimate Business Purpose
The plaintiff brought an action against the defendant for injuries sustained when the plaintiff struck a steel cable while riding a dirt bike on the defendant’s property after business hours.
Case Law Alerts, 3rd Quarter, July
Court Error on Sloping Stairs Leads to Summary Judgment Reversal
In an action to recover damages for personal injuries, the plaintiff appealed from an order granting the defendant’s motion for summary judgment.
Case Law Alerts, 3rd Quarter, July