August 31, 2023 | New Jersey Law Journal
Rutgers Successfully Fends Off Student's Hostile Educational Environment Claim"Nonetheless, assuming arguendo that plaintiff satisfied the first Lehmann prong, the motion record is devoid of any evidence that O'Meara engaged in severe or pervasive harassing conduct," stated the per curiam opinion. "Plaintiff's allegations against O'Meara are vague and contradictory."
By Colleen Murphy
5 minute read
August 30, 2023 | New Jersey Law Journal
$1.25 Million Settlement Reached Over Icy Slip and Fall at Condo ComplexA $1.25 million settlement was reached in Middlesex County suit Muraczewski v. Society Hill At Hamilton for a Hamilton resident after he slipped and fell on ice at his condo complex.
By Colleen Murphy
7 minute read
August 29, 2023 | New Jersey Law Journal
NJAG's Guidance on Student Discipline May Open 'Floodgate of Litigation'"I think it is too early to come to a conclusion, but the new guidelines themselves could act as a sort of new industry standard and it might increase new claims of disparate treatment or discrimination under New Jersey LAD or under existing federal law," stated Jeffrey M. Scott, a partner with Archer & Greiner.
By Colleen Murphy
8 minute read
August 29, 2023 | Law.com
There Are No 'Magic Words': 10th Circuit Sets Standard for Notice Under False Claims Act"Mr. Barrick's activity does not need to lead to a viable qui tam claim," stated Judge Paul J. Kelly Jr. in his written opinion for the court. "To the extent PMI implies Mr. Barrick needed to say magic words, such as 'FCA violation' or 'fraudulent report to the government to avoid payment,' to put PMI on notice, this is contrary to the text of the FCA which protects 'other efforts' to stop violations."
By Colleen Murphy
6 minute read
August 25, 2023 | New Jersey Law Journal
Remote Workers Not Automatically Entitled to Jurisdiction in Home State, Says NJ District Court"Although Tripp worked remotely from his home in New Jersey, paid New Jersey taxes, collected New Jersey unemployment and disability benefits, received office equipment from Ascentage, and stored business-related documents in his home, those actions were not particular to New Jersey and could have occurred in any state where Tripp chose to work," stated U.S. District Judge Kevin McNulty, in his written opinion for the court.
By Colleen Murphy
7 minute read
August 25, 2023 | Law.com
Maine High Court Clarifies What Constitutes 'Bad Faith' Failure to Comply With Records RequestIn a matter of first impression, the Maine Supreme Judicial Court considered the circumstances under which a public entity's failure to comply with a Maine Freedom of Access Act request rises to the level of bad faith under the law's fee-shifting provision.
By Colleen Murphy
6 minute read
August 24, 2023 | Law.com
Arizona Supreme Court Says Divorced Couple Must Split $4.2M in Personal Injury Settlement Proceeds"No party argues that the agreement is not a valid contract," stated Justice William G. Montgomery, in his written opinion for the court. "But the contract is between husband and wife as a couple and the settling defendants in a personal injury lawsuit. Nowhere does the agreement state that husband and wife have agreed to distribute their property between each other in a particular way."
By Colleen Murphy
6 minute read
August 23, 2023 | The Recorder
Grubhub Hit With Wage-and-Hour Class Action Over Classification of Workers as Independent ContractorsThis complaint was first surfaced by Law.com Radar.
By Colleen Murphy
4 minute read
August 23, 2023 | New Jersey Law Journal
Firm Fends Off Legal Malpractice Claim After Plaintiff's Expert Fails to Prove DamagesIn a published opinion, the Appellate Division affirmed an order granting summary judgment to a law firm and two attorneys in a legal malpractice claim after the court found that the plaintiff failed to present expert evidence on proximate causation and damages.
By Colleen Murphy
5 minute read
August 22, 2023 | Law.com
Maryland Supreme Court: State Sovereign Immunity Not Waived for Federal Statutory Claims"...[T]here is no evidence that the General Assembly intended to include federal statutory claims within the scope of the MTCA. Furthermore, adopting appellant's approach would produce results that are inconsistent with one of the [Maryland Tort Claims Act]'s main purposes."
By Colleen Murphy
4 minute read
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