Publications
Claims under the Insurance Fraud Prevention Act cannot be supported by generalized, abstract grievances shared by a large number of similarly situated people.
Allstate Insurance Company, the State of New Jersey, Office of the New Jersey Attorney General, Office of the Commissioner of the New Jersey Department of Bank
Case Law Alerts, 2nd Quarter, April 2020 is prepared
New trial ordered after jury’s award of $500,000 in punitive damages shocked the conscience of the court, given the compensatory damages of $28.22, and plaintiff’s summation inflamed the jury.
On behalf of an estate, the plaintiff prevailed at trial in a bad faith insurance action against AmGuard Insurance Company.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Claim of “garden variety” emotional distress damages doesn’t warrant defense medical evaluation.
The plaintiff sued various health care providers, alleging they refused to perform a hysterectomy—which was being sought for gender reassignment purposes—for d
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The plaintiff’s conditional offer of employment with the Department of Veteran Affairs was revoked when it was notified by Community Hospital Group that the pl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
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
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
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
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
First Department issues two decisions on prior injuries and discovery.
In two recent decisions, the First Department clarified discovery on prior or related injuries.
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