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Condemning authority not required to negotiate with mortgagee
- Porzio Bromberg & Newman PC
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- USA
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- February 7 2013
In a recent opinion, Borough of Merchantville v. Malik & Son, LLC, the New Jersey Appellate Division held that a condemning municipality was not
Bankruptcy Code does not provide cause of action against private employer for failure to hire based on prior bankruptcy filing
- Porzio Bromberg & Newman PC
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- USA
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- December 31 2010
Earlier this month, in Rea v. Federated Investors, 2010 U.S. App. LEXIS 25501 (Dec. 15, 2010), the United States Court of Appeals for the Third Circuit held that while federal law prohibits a private employer from firing or discriminating against an employee who files or has filed for bankruptcy, it does not prohibit a private employer from denying employment to someone simply because he had filed for bankruptcy in the past
Third Circuit: temporary depression is not a disability under the ADA
- Porzio Bromberg & Newman PC
- -
- USA
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- December 31 2010
In Seibert v. Lutron Electronics, 2010 U.S. App. LEXIS 24201 (3rd Cir. Nov. 4, 2010), the United States Court of Appeals for the Third Circuit held that temporary bouts of depression induced by nonrecurring events do not constitute a disability under the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ("ADA"
NJ Supreme Court: statute of limitations re-starts with each disparate paycheck
- Porzio Bromberg & Newman PC
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- USA
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- December 31 2010
In a significant decision that brings New Jersey law in line with federal law, the New Jersey Supreme Court recently held that if an employer engages in unlawful discrimination in the payment of wages, each wage payment constitutes a new violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. ("LAD"), re-starting the two-year statute of limitations
Patent marking audits: an ounce of prevention
- Porzio Bromberg & Newman PC
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- USA
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- October 31 2010
Companies in industries such as pharmaceuticals, medical devices, consumer products, electronics, and the like have found themselves as defendants in false patent marking law suits filed either by competitors or average consumers seeking, among other things, a ruling under the Patent Act for up to a $500 per unit penalty for listing or using an incorrect patent marking
When does a non-decision maker's influence trigger the "Cat's Paw" theory?
- Porzio Bromberg & Newman PC
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- USA
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- October 31 2010
The "Cat's Paw" theory (derived from a fable entitled "The Monkey and the Cat") refers to a person influencing the actions or decisions of another to accomplish his or her own goals
Does Title VII apply to employees who do not personally engage in protected activity?
- Porzio Bromberg & Newman PC
- -
- USA
- -
- October 31 2010
In June 2009, the United States Court of Appeals for the Sixth Circuit held that the anti-retaliation provision of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"), does not extend to third parties who do not personally engage in protected activity
Does the FLSA bar retaliation against employees who do not complain in writing?
- Porzio Bromberg & Newman PC
- -
- USA
- -
- October 31 2010
In Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 834 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit held that a complaint against an employer under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"), must be in writing in order to trigger the statute's anti-retaliation provision
Sarbanes-Oxley whistleblower provision covers employees who report fraudulent conduct or securities law violations by third parties
- Porzio Bromberg & Newman PC
- -
- USA
- -
- February 28 2011
In a case of first impression, the United States District Court for the Southern District of New York held that the whistleblower provision of the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley") protects employees who report fraudulent conduct or securities law violations by third parties from retaliation
Promptly stopping harasser does not shield employer that has ineffective anti-harassment policy
- Porzio Bromberg & Newman PC
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- USA
- -
- February 28 2011
While employers must act quickly to stop sexually harassing conduct when it occurs, the New Jersey Appellate Division recently issued a decision that emphasizes the importance of also promulgating effective policies calculated to prevent such conduct from occurring in the first place
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- Firm Name - Porzio Bromberg & Newman PC
- Jurisdiction - USA
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