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New Jersey Employment Law April 1, 2019
The plaintiff filed a complaint premised upon a claim of age discrimination under the ADEA and following the EEOC’s issuance of a right to sue letter. The employer sought dismissal of a portion of the complaint based upon the argument that the..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Workers' Compensation April 1, 2019
The petitioner, a cab driver, was injured in 2014 while picking up a customer. Although the facts of the incident were not in dispute, the parties agreed to bifurcate the trial to address whether the petitioner was an employee of the respondent or..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey General Liability April 1, 2019
The plaintiff was injured in the course of his employment with IMTT while working at the Bayonne Terminal in Bayonne, New Jersey. The commercial owner of the property is Bayonne Industries, who leased the premises to IMTT beginning in 1983. Under..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Employment Law April 1, 2019
After a four-day trial, a jury awarded the plaintiff $5,000 on her retaliatory discharge claim brought under the NJLAD and $2,982.59 in lost wages. Plaintiff’s counsel then sought an award of legal fees of $360,588 and costs of $8,282.56. The..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2019
The Pennsylvania Supreme Court holds that the trial court properly sustained the preliminary objections filed by the tortfeasors. The court said its Domtar Paper decision does not support the proposition that an employer or workers’..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey General Liability April 1, 2019
As defense counsel, sometimes we are faced with heartbreaking facts of undeniable accidents. However, it is important to remain confident that the mere happening of an accident, no matter the severity, does not prove negligence. Here, the plaintiff..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Insurance Coverage/Bad Faith Litigation April 1, 2019
The plaintiff filed suit under a homeowner’s policy, alleging breach of contract and statutory bad faith under 42 Pa. C.S.A. 8371. The defendant moved to dismiss the bad faith count for demurrer and insufficient specificity. In denying the..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2019
The Commonwealth Court noted that Section 307 of the Act states that payment of dependency benefits are payable to a child until they are 18 years old; until they are 23 years old if they are enrolled as a full-time student in an accredited..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey General Liability April 1, 2019
The plaintiff was a leasee of a unit in a three-family dwelling in Newark that was owned by the defendants. During a freezing-rain storm, the plaintiff attempted to descend the front stairs of his apartment, which were made of brick, when he slipped..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Insurance Coverage/Bad Faith Litigation April 1, 2019
The plaintiff insured moved to compel the defendant’s responses to interrogatories, requesting disclosure of any bad faith suits filed against the insurer within the past ten years. The defendant argued this was a violation of the Due Process..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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