Recent Blog Posts
Attorneys and law firms throughout Pennsylvania and New Jersey take thousands of client cases, and not all of those cases can turn out favorably for the client. In some cases, an unfavorable result in their case can lead a client to seek damages for legal malpractice. To be sure, a lawyer or a firm… Read More »
How Employers Can Prevent Discrimination Complaints Employers in New Jersey and Pennsylvania will deal with a wide variety of employee issues in the course of running a business, including issues pertaining to alleged discrimination in the workplace. Yet it is essential for employers to know that there may be ways to prevent employment discrimination… Read More »
The Latest Trends in Business Interruption Coverage Litigation as a Result of COVID-19 By Thomas Paschos, Esq. Insurers have scored a number of favorable decisions around the country involving “business interruption” claims. The scorecard is not perfect though, and with over a thousand filings, and decisions on defendants’ Motions to Dismiss coming down daily,… Read More »
By Thomas Paschos, Esq. Even before local and state authorities issued stay at home and suspension of business orders, Colleges and Universities around the country canceled in-person classes and directed students to vacate dormitories. Suddenly the college experience became virtual. Classes resumed over webcasts, seniors logged into their commencement ceremonies, downloaded their diplomas, and… Read More »
The New Shape of Litigation in Business Interruption Claims and Lawsuits as a Result of COVID-19 Pandemic.
Restaurants were some of the first businesses directed by civil authorities to suspend or limit operation, the first businesses to receive a hard denial of “interruption of business” claims, and their framing of recently filed complaints gives the best illustration of the shape of litigation to come from the myriad of businesses not far… Read More »
BNSF Railway Co. v. Loos Earlier this term, the U.S. Supreme Court ruled in BNSF Railway Co. v. Loos that damages for lost wages qualified as “compensation” because they were payments for working time lost due to a work-related injury and thus were subject to employment taxes under the Railroad Retirement Tax Act (“RRTA”)…. Read More »
Capparelli v. Lopatin The appellate division of the New Jersey Superior Court recently issued a decision in Capparelli v. Lopatin. The court concluded that a lack of a replacement mechanism for an arbiter who had withdrawn from serving in that capacity in a dispute resolution as called for by the arbitration agreement, voiding the… Read More »
What is New with Arbitration Agreements? Answer: Lamps Plus, Inc. v. Varela-A U.S. Supreme Court Decision.
Recently, On April 24, 2019, the U.S. Supreme Court issued its ruling in Lamps Plus, Inc., v. Varela. The Court concluded that, under the Federal Arbitration Act, an ambiguous agreement could not provide a sufficient contractual basis to compel class arbitration between an employer and an employee. The respondent in the case, Frank Varela,… Read More »
Employers in Pennsylvania and New Jersey have a lot on their plates. Hiring and retaining skilled workers, keeping customers happy, making production targets and deadlines, and finding new customers are some of the most basic elements of running a business, not to mention the need to turn a profit. What many employers do not… Read More »
Employment Law Independent Contractors Who Work in Transportation May Not Be Forced Into Mandatory Arbitration New Prime, Inc. v. Oliveira, 2019 WL 189342 (U.S. January 15, 2019) involved a dispute between New Prime Inc., an interstate trucking company and one of its drivers, Dominic Oliveira. Mr. Oliveira worked under an operating agreement that classified… Read More »