Publications
Pennsylvania Supreme Court to Review Constitutionality of Sovereign Immunity–Based Damages Cap
States, including the Commonwealth, enjoy immunity from suit and have since “before the ratification of the Constitution.” Goldman v. Septa, 57 A.3d 1154, 1172 (Pa. 2012) (quoting Alden v. Maine, 527 U.S. 706, 713 (1999)).
Competent, Substantial Evidence Is the Name of the Game in Construction Disputes
It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial, as opposed to a trial by jury.
A Cautionary Tale – Diary, Diary, Diary
It is a well-known tenet of law in New Jersey that a party has 30 days from the arbitration award to file a trial de novo, rejecting the arbitration award and returning the matter to the trial calendar.
Sixth Circuit Discredits IRS Mileage Rate as Sufficient Payment to Employee Drivers Under the FLSA
The Sixth Circuit recently considered a consolidated appeal regarding how delivery drivers should be reimbursed for the cost of providing their vehicles for work.
New Jersey Appellate Division Addresses the Statute of Limitations Accrual Date in a Constructive Discharge Claim Brought Under the NJLAD and CEPA
This appeal involved the analysis of the accrual date in the context of a constructive discharge claim brought under the New Jersey Law Against Discrimination (LAD) and the Contentious Employee Protection Act (CEPA).
Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain
The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property after Hurricane Irma. American Coastal paid San Marco for the claimed damage.
Household Vehicle Exclusion Once Again Enforced—Under the Appropriate Facts
The household vehicle exclusion has once again been proven to be viable and enforceable—under the right circumstances. Major was using her mother’s vehicle when she was struck by another vehicle operated by Cruz.
PA Superior Court Upholds Gist of the Action Doctrine to Bar Legal Malpractice Claim
The Pennsylvania Superior Court affirmed the trial court’s dismissal of the appellant’s legal malpractice action against a law firm on the basis of the gist of the action doctrine.
More Than Testimony Is Needed to Establish an Emergency Call for Immunity Purposes
A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the intersection.
Where to Draw the Line: Superseding Causes and Duty
Todd Howard was a resident at Bunker Hill, a home for wayward boys. He snuck out of the facility to meet with his friends, Zeb Freeman and Derrick Hizer. He snuck out through a path that was well-known to Bunker Hill, but unprotected.