Publications
Delayed service is entirely inconsistent with the accelerated nature of a prerogative writs action.
This matter involved a prerogative writ action, challenging a construction board of appeals’ decision affirming the issuance of a notice of unsa
Ohio appellate court finds expert testimony may not be necessary to prove claim against an insurance agent.
The Ohio Seventh District Court of Appeals reversed summary judgment in favor of an insurance agent and found that there was an issue of fact as
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Discrete adverse employment actions cannot be aggregated to claim a continuing violation under CEPA.
The plaintiff retired from his position as a State Trooper and thereafter filed a whistleblower (CEPA) claim alleging that certain employment actions were in ret
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The impact of potential individual liability on removal of action to federal court.
The plaintiff filed a complaint in state court alleging violations of the New Jersey Law Against Discrimination (NJLAD) and naming his employer and certain indiv
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The plaintiff’s failure to name her employer in claims under Title VII and the ADEA is fatal to her claim.
The pro se plaintiff alleged that during her employment she was denied promotions and demoted due to her race, religion and age.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Employment decisions made in New Jersey are insufficient to give rise to a NJLAD claim for an out-of-state employee.
The plaintiff was a resident of the state of Washington, and she worked out of her home office as a sales manager for a New Jersey corporation.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Claims by a new business or venture for ascertainment of future probable profits are too remote, contingent, speculative to meet legal standard in New Jersey for reasonable certainty.
Since 1936, the vast majority of jurisdictions have rejected the New Business Rule as a per se rule of exclusion and, instead, allowed lost prof
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Breach of contract claim barred under the gist of the action doctrine where alleged conduct pertained to manner in which duties of representation performed and not a breach of a specific contractual promise.
The Pennsylvania Superior Court, in an unpublished opinion, continued the recent trend of Pennsylvania case law barring breach of contract claims that actually s
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
When there are factual disputes, the parties present those disputes to a jury of their peers for resolution. The factual disputes here require a jury trial to resolve.
The plaintiff alleged excessive force, false arrest, failure to intervene and municipal liability against the City of Vineland and its police officers.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Skiing off trail is an inherent risk of skiing under the Pennsylvania Skier’s Responsibility Act.
The United States District Court for the Middle District of Pennsylvania upheld the ski resort’s summary judgment.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments