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.

Watters v. Bd. of Sch. Dir. of the City of Scranton

In Watters v. Bd. of Sch. Dir. of the City of Scranton, the 3rd circuit assumed for argument’s sake that Section 1983 provides for a private right of action for a purported violation of the Contracts Clause. The Court then moved on to determine whether a 2017 amendment to Pennsylvania’s Public School Code violated the tenure … Read more

Flansman v. Jenny Craig, Inc.

In Flansman v. Jenny Craig, Inc., the NJ Supreme Court enforced an arbitration agreement that did not name an arbitrator, designate an arbitration organization to conduct the proceeding, or set out a process to do so. The Court found that the agreement clearly and unmistakably informed the parties that they must submit to arbitration for any … Read more

Hocutt v. Manda Supply Co.

In Hocutt v. Manda Supply Co., the Appellate Division affirmed an order granting summary judgment. Because the plaintiff was a “special employee,” the exclusive remedy for his workplace injury was workers’ compensation. Moreover, the defendant’s alleged conduct was not excepted from workers’ compensation because the conduct was not sufficiently egregious to rise to the level … Read more

Renner v. Court of Common Pleas of Lehigh Co.

In Renner v. Court of Common Pleas of Lehigh Co., the PA Supreme Court held that application of the Pennsylvania Human Relations Act (“PHRA”) to the judiciary and its employees infringes upon this Court’s ability to administer the courts, promulgate rules and policies, and supervise its employees, and, thus, violates separation of powers principles.

Arafa v. Health Express Corp.

In Arafa v. Health Express Corp., the New Jersey Supreme Court held that when the Federal Arbitration Act exempts a contract from arbitration, the state analog — the New Jersey Arbitration Act — may still apply and the FAA does not preempt the NJAA.

Harrison v. Hlth. Networks Labs

Harrison sued her former employer alleging retaliation pursuant to Pennsylvania’s Whistleblower Law. The trial court dismissed the suit, holding that the claim was improperly filed, because, since Harrison was not a member of a protected class, the claim should have been filed pursuant to the Pennsylvania Human Relations Act (PHRA). The PA Supreme Court affirmed the Superior … Read more

Eshleman v. Patrick Industries

The 3rd Circuit reversed the District Court’s order, which granted the defendant’s 12(b)(6) motion. The plaintiff alleged he was fired in violation of the Americans with Disabilities Act and further alleged that he was “regarded as” having a disability. The defendant responded that the disability was transitory and minor. The 3rd Circuit held that, though … Read more