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Weekly Caselaw Updates

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Kopec v. Myers

In these ten one-sided appeals, which the New Jersey Appellate Division consolidated, Weinberger Divorce & Family Law Group LLC ("the firm"), challenged the denial of its motions to enforce the terms of its retainer agreement ("RA") to obtain a judgment against its former clients for unpaid fees, or to compel…

In these ten one-sided appeals, which the New Jersey Appellate Division consolidated, Weinberger Divorce & Family Law Group LLC (“the firm”), challenged the denial of its motions to enforce the terms of its retainer agreement (“RA”) to obtain a judgment against its former clients for unpaid fees, or to compel the former clients to submit… Continue reading Kopec v. Myers

E. Brunswick European Wax Ctr. v. Nat’l Labor Rel. Bd.
3rd Circuit

The Third Circuit ruled that the National Labor Relations Board overreached and acted punitively. The General Counsel issued a complaint alleging that East Brunswick European Wax Center (“EBEWC”) violated Section 8(a)(1) and (3) of the National Labor Relations Act (“NLRA”). EBEWC signed a Settlement Agreement three weeks later. Subsequently, the General Counsel moved for default… Continue reading E. Brunswick European Wax Ctr. v. Nat’l Labor Rel. Bd.

Hall v. Millersville Univ.
3rd Circuit

The plaintiffs sued their daughter’s college under Title IX after the daughter’s boyfriend murdered her in her dorm room. The college maintained a Title IX Policy, which defined sexual misconduct to include dating and domestic violence. Any conduct constituting sexual misconduct under this policy was considered a violation of Title IX. And before the student’s… Continue reading Hall v. Millersville Univ.

Jones v. McGreevy
Pennsylvania Superior Court

The Pennsylvania Superior Court dove deep into the creditor-debtor practice and post-trial civil procedure in this 41-page opus. The case started when a contract for the sale of two vintage shotguns fell through. The seller sought to garnish the buyer’s bank accounts to recover the money he was owed. A bench trial was held on… Continue reading Jones v. McGreevy

Vitamin Energy, LLC v. Evanston Ins. Co.
3rd Circuit

The Third Circuit vacated the District Court’s order, which ruled that the insurance company did not have to defend the company it insured. Vitamin Energy, LLC, obtained a policy from Evanston Insurance and was subsequently sued by a competitor for publishing certain comparative claims and infringing the 5-hour Energy mark in advertising and packaging. The… Continue reading Vitamin Energy, LLC v. Evanston Ins. Co.

Evans v. Capital Blue Cross
Pennsylvania Superior Court

The Pennsylvania Commonwealth Court reversed the trial court’s order, which granted summary judgment. Capital Blue Cross (“CBC”) employed Evans. CBC provided its employees with short-term disability benefits under its Salary Continuation Benefit Plan (“the Program”), which was described in a summary plan description (“SPD”). Evans timely applied for shortterm disability benefits under the Program, and… Continue reading Evans v. Capital Blue Cross

Rudalavage v. PPL Elec. Util. Co.
Pennsylvania Superior Court

The Pennsylvania Superior Court reversed and remanded for the entry of an order precluding the Munley firm and its attorneys from representing the plaintiff. This case is nearly identical to — and indeed seems as though it could have been consolidated with — Darrow v. PPL Elec. Util. Co. issued weeks earlier. As in Darrow,… Continue reading Rudalavage v. PPL Elec. Util. Co.

Meade v. Twp. of Livingston
New Jersey Supreme Court

The New Jersey Supreme Court considered whether an employee’s claim that her subordinate’s gender bias influenced her employer’s decision to terminate her, in violation of the Law Against Discrimination (LAD), was sufficient to proceed to trial. Plaintiff filed a complaint asserting that the Council released her based on her gender in violation of the LAD.… Continue reading Meade v. Twp. of Livingston

Care One Mgmt., LLC v. United Healthcare Workers East
3rd Circuit

The Third Circuit affirmed the District Court’s grant of summary judgment in this suit, which was “the culmination of a history of conflict and animosity that has unfortunately characterized the relationship between Care One and the Unions.” Care One sued the Unions for damages arising from actions that Care One alleged amounted to a pattern… Continue reading Care One Mgmt., LLC v. United Healthcare Workers East

O’Donnell v. Allegheny Co. N. Tax Collection Comm.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court ruled that settlement money paid to the plaintiff after the federal government adopted his qui tam suit under the federal False Claims Act was taxable compensation under Section 303 of Pennsylvania’s Tax Reform Code. The plaintiff filed a federal claim against Countrywide Mortgage, a subsidiary of Bank of America, over their… Continue reading O’Donnell v. Allegheny Co. N. Tax Collection Comm.