Beaver Valley Slag, Inc. v. Marchionda (Workers’ Compensation Appeal Board)

In Beaver Valley Slag, Inc. v. Marchionda (Workers’ Compensation Appeal Board), Employer, Guardian, and Claimant cross-petitioned the Pennsylvania Commonwealth Court to review the Workers’ Compensation Appeal Board’s order. Therein, the Board affirmed the Workers’ Compensation Judge’s (WCJ) decision granting Claimant’s Petition to Review Compensation BeneOffset Petition. The Court affirmed. The primary issue involved the applicability … Read more

Borough of Franklin v. Smith

In Borough of Franklin v. Smith, the New Jersey Appellate Division ruled that a township may subpoena a police officer and compel him to testify in the municipality’s case-in-chief in that officer’s own disciplinary proceeding. Here, the officer had a positive random drug screen and was thus put into a disciplinary process. He was subpoenaed … Read more

Ciripompa v. Bd. of Educ.

In Ciripompa v. Bd. of Educ., the New Jersey Appellate Division heard a plaintiff teacher’s appeal from the Commissioner of Education’s final order that permitted a school board to deduct unemployment payments from back-pay owed. The teacher was suspended without pay during termination proceedings from his tenured position. When the proceedings ended in the teacher’s favor, … Read more

Goldfarb v. Solimine

Plaintiff Goldfarb claimed that Defendant Solimine reneged on a promise of employment after Plaintiff quit his job to accept a promised position managing the Defendant’s family’s sizeable investment portfolio. After Goldfarb sued, the trial court submitted the case to the jury on a theory of promissory estoppel. But the court limited Plaintiff’s potential damages. The … Read more

Goulding v. NJ Friendship House, Inc.

In Goulding v. NJ Friendship House, Inc., the New Jersey Supreme Court reviewed a workers’ compensation court’s ruling in favor of an employer after an employee was injured during the company’s “Family Fun Day”. The Court ruled that N.J.S.A. 34:15-7 sets out a two-element test to determine if an employer is liable for an employee’s injury … Read more

Rozenblit v. Lyles

In Rozenblit v. Lyles, the New Jersey Supreme Court reviewed an award of summary judgment in favor of a teachers’ union and against two citizen-taxpayers. The taxpayers sought declaratory relief because the collective negotiations agreement between a school district and its the union created two full-time union positions paid for with taxpayer funds. The Court … Read more

Nelson v. Elizabeth Bd. of Educ.

Nelson v. Elizabeth Bd. of Educ. was an appeal from a trial for breach-of-contract between a school board and its former in-house counsel. The Appellate Division questioned whether the Rules of Professional Conduct prohibited in-house counsel from bringing a breach of contract suit against his employer. The parties had entered into a three-year employment contract, … Read more

Bethany v. SEIU PA State Council

In Bethany v. SEIU PA State Council, the 3rd Circuit dealt with the United States Supreme Court’s fair-share ruling in Janus v. AFSCME Council 31, 138 S. Ct. 2448 (2018). In Janus, the Supreme Court ruled that unions may not deduct fees from non-union members, the so-called “fair share fee”. Bethany LaSpina was just such … Read more

Branch v. Cream-O-Land Dairy

In Branch v. Cream-O-Land Dairy, an employee sued his employer under the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a to -56a38 because the employee thought he was entitled to certain overtime wages. But the employer invoked a defense under N.J.S.A. 34:11-56a4(f). That statutory defense is available to “trucking industry employers” who relied in good … Read more

In re Officer Diguglielmo

In the case of In re Officer Diguglielmo, the New Jersey Institute of Technology terminated the officer’s employment because of alleged non-criminal conduct. The NJ Appellate Division concluded that N.J.S.A. 40A:14-150 precluded him, as a non-municipal police officer, from availing himself of the special disciplinary arbitration process administered by the Public Employment Relations Commission.