BRINGING COVID-19 FROM THE WORKPLACE TO THE HOME: CALIFORNIA SUPREME COURT TO WEIGH IN ON EMPLOYER’S OBLIGATIONS, IF ANY, TO SAFEGUARD THEIR EMPLOYEES’ HOUSEHOLD
By Iman A. Wells, Esq. On April 21, 2022, the Ninth Circuit issued an opinion, Kuciemba v. Victory Woodworks, Inc., certifying two important questions for the California Supreme Court. Specifically, the Ninth Circuit has tasked the California Supreme Court to opine on: (1) whether California’s derivative injury doctrine bars a spouse’s claim against an employer, […]
Line in the Sand: District Court Untangles Boundaries of Legal Advice, Attorneys’ Role in Employee’s Termination Decision
by Erica M. Clifford, Esq. The District Court of New Jersey recently weighed in on a thorny discovery dispute, deciding whether written communications exchanged with County Counsel and outside litigation counsel could be subject to discovery in a litigation despite the assertion of attorney/client privilege. In Graham v. Monmouth County Buildings and Grounds, Magistrate Judge […]
Following Congress Passing Bipartisan Arbitration Limitation, New Jersey Appellate Division Rules that NJLAD Prohibition on Arbitration is Preempted by the FAA
By Lindsey Andreozzi, Esq. This month brought significant changes for employment arbitration, as both Congress and the New Jersey Appellate Division took significant actions that could disrupt the common practice of arbitration in the employment arena. On February 10, 2022, both houses of Congress approved a bill entitled Ending Forced Arbitration of Sexual Assault and […]
NJ Federal Court Confirms the Importance of Ascertaining the Amount in Controversy Before Removal to Federal Court
by Arooj Siraj, Esq. The United States District Court for the District of New Jersey recently ruled that a plaintiff’s refusal to admit or deny the amount of monetary damages was not sufficient to give the federal court subject matter jurisdiction over the case. See Melvin v. Costco Wholesale Corp., 2:21-cv-13934 (D.N.J. Jan. 3, 2022) (Judge […]
The New York Division of Human Rights Announces It Will Discontinue Private Settlements
By Jean Schroll, Esq. On October 1, 2021, the New York State Division of Human Rights (the “Division”) announced that, for all complaints filed on or after October 12, 2021, it will no longer issue Commissioner’s Orders discontinuing complaints after private settlement. This is a significant change because, as the Division notes, “nearly half of […]
Quiet! Remote Deposition in Progress – A Lesson Learned to Protect Against Misconduct During Remote Depositions
By Kegan Andeskie, Esq. To say the least, the last year and a half has posed some unique challenges for litigators, but we have done our best to adapt to practicing in a largely virtual environment. Commiserating about the logistical and technological issues associated with virtual depositions is now commonplace, but in one U.S. District […]
Third Circuit Holds “Comparable” Paid Leave Available to Servicemembers As A Right And Benefit Pursuant to USERRA
By Kristine Ryan, Esq. The Uniform Services Employment and Reemployment Rights Act of 1994 (“USERRA”), one of several statutes benefitting veterans, prohibits civilian employers from discriminating against employees because of their military status. USERRA does not require an employer to offer paid military leave of absence. However, in a recent precedential decision, the Third Circuit […]
What is Garden Variety Emotional Distress Anyway? Understanding When a Plaintiff Places His or Her Physical or Mental Health at Issue in the Context of an Employment Litigation.
By Kegan Andeskie, Esq. It is generally accepted that a plaintiff who files a lawsuit places his or her mental and physical health in controversy by claiming emotional distress or physical damages, but at what point can a court require that litigant to produce or authorize the release of otherwise confidential medical records, or submit […]
NJ HIGH COURT CONFIRMS THE IMPORTANCE OF IDENTIFYING THE SPECIFIC CEPA PROVISION(S) UPON WHICH AN EMPLOYEE RELIES DURING THE COURSE OF LITIGATION.
By Punam Alam, Esq., June 3, 2021 In a split opinion, the New Jersey Supreme Court ruled on May 21, 2021 that the trial court must re-evaluate an employee’s whistleblower claim because the plaintiff-employee did not articulate which statutory provision of CEPA she was relying on in summary judgment proceedings before the trial court. The case […]
Over 2,000 COVID-19 Related Lawsuits Filed in United States
Earlier this month, it was reported that the total number of COVID-19 related employment complaints filed in United States courts passed the 2,000 mark. In fact, December 2020 through March 2021 have realized the most activity since the beginning of the pandemic. States with the greatest number of complaints filed are California (487), New Jersey […]