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October/November 2016 Newsletter
I. INSURANCE LAW Court Dismisses Bad Faith Claim Based on Litigation Conduct In Homer v. Nationwide Mut. Ins. Co., 2016 U.S. Dist. LEXIS 114548 (W.D. Pa. Aug. 26, 2016), Homer was injured in a motor vehicle accident on May 24, 2008. He suffered a number of medical problems as a result of the accident…. Read More »
August 2016 Newsletter
I. INSURANCE LAW No Estoppel Where Express Reservation of Rights Letters Were Provided to Policyholders In Nationwide Prop. & Cas. Ins. Co. v. Shearer, 2016 U.S. App. LEXIS 9635 (3d Cir. (Pa.) 2016), Randy and Erin Shearer sued a group of homeowners, claiming that the owners permitted sewage to leak onto the Shearer’s property…. Read More »
June 2016 Newsletter
I. EMPLOYMENT LAW Private Agreement that Frustrates the LAD’s PublicPurpose Imperative by Shortening the TwoYear Limitations Period for Private LAD Claims Cannot be Enforced In Rodriguez v. Raymours Furniture Co., Inc., 2016 N.J. LEXIS 566, ___ N.J. ___ (2016). plaintiff Sergio Rodriguez, applied for a job with defendant Raymours Furniture Company, Inc., t/a Raymour… Read More »
April 2016 Newsletter
I. EMPLOYMENT LAW United States Supreme Court Holds Limitations Period for Constructive Discharge Claim Runs from Date of Resignation In Green v. Brennan, 2016 U.S. LEXIS 3484 (U.S. May 23, 2016), Marvin Green, who is African American, was serving as postmaster general in Englewood, Colorado, in 2008 when he decided to apply for a… Read More »
March 2016 Newsletter
I. ARBITRATION AGREEMENTS Arbitration Provision Must Be Sufficiently Conspicuous to the Parties The case Noble v. Samsung Electronics America, No. 153713 (D.N.J. March 12, 2016) involves allegations that Samsung misrepresented the battery life of one of its smart watch products. Samsung made claims that the smart watch’s battery would last 24 to 48 hours… Read More »
February 2016 Newsletter
I. EMPLOYMENT LAW Manager’s ‘Inexcusable and Offensive’ Conduct Does Not Rise to Level of Unlawful Discrimination In Tourtellotte v. Eli Lilly & Co., 2016 U.S. App. LEXIS 521 (3d Cir. Pa. Jan. 13, 2016), Margaret Tourtellotte, Karla Krieger and Ana Reyes, all former sales representatives for Eli Lilly, filed a lawsuit alleging their supervisor,… Read More »
December 2015 Newsletter
I. EMPLOYMENT LIABILITY Companies Contracting with Employment Agencies Can Be Held Liable for Temporary Employees’ Discrimination Claims In Faush v. Tuesday Morning, 2015 U.S.App.LEXIS 19977 (3d. Cir. Pa. November 18, 2015), Matthew Faush, an African American was an employee of Labor Ready, a staffing company that provides temporary employees to clients, including Tuesday Morning,… Read More »
August 2015 Newsletter
I. EMPLOYMENT LAW Plaintiffs’ Assent to Company Arbitration Policy By Continuing to Be Employed In Jaworski v. Ernst & Young US LLP, ___ N.J. Super. ___, 2015 N.J. Super. LEXIS 120 (July 23, 2015), three Ernst & Young employees sued for age discrimination under the New Jersey Law Against Discrimination. Ernst & Young filed… Read More »
June 2015 Newsletter
I. EMPLOYMENT LAW An Employer May Not Make an Applicant’s Religious Practice, Confirmed or Otherwise, a Factor in Employment Decisions In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc, 201 U.S. LEXIS 3718 (U.S. Jun. 1, 2015), Samantha Elauf, a practicing Muslim, applied for a position at an Abercrombie & Fitch Stores,… Read More »
April 2015 Newsletter
I. EMPLOYMENT LAW Supreme Court Holds that Employers Cannot Deny Pregnant Workers the Same Accommodations it Provides to Other Workers who are Injured on the Job. In Young v. UPS, Inc., 135 S. Ct. 1338 (March 25, 2015), plaintiff, Peggy Young, was a parttime driver for UPS. When she became pregnant she was told… Read More »