Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more
Last week, the U.S. Supreme Court decided in Vidal v. Ester, 602 U.S. ___ (2024) that the federal prohibition on registering trademarks that identify a living individual without their consent does not violate the First...more
6/18/2024
/ Constitutional Challenges ,
Donald Trump ,
First Amendment ,
Free Speech ,
Lanham Act ,
Public Figures ,
SCOTUS ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
USPTO ,
Vidal v Elster
The U.S. Supreme Court issued a decision this week, finding that the 3-year statute of limitations for claims under the Copyright Act does not limit recovery of damages to three years prior to the filing of the lawsuit. The...more
On August 5, 2022, the Supreme Court of New Jersey released amendments to the Court Rules governing practice in New Jersey’s state courts, which will take effect on September 1, 2022. We highlight two of the main...more
In a decision on April 28, 2022, in Dobco, Inc. v. Bergen County Improvement Authority, the New Jersey Supreme Court affirmed an injunction requiring the Bergen County Improvement Authority (BCIA) to use a public bidding...more
On March 18, 2022, the Department of Justice (DOJ) published web accessibility guidance under the Americans with Disabilities Act (ADA). The ADA is a federal civil rights law that prohibits discrimination against people with...more
In a long awaited decision, the U.S. Supreme Court ruled unanimously this week in National Collegiate Athletic Association v. Alston et al., that the NCAA violated the antitrust laws in limiting the education-related benefits...more
Late last week, the U.S. Supreme Court issued a decision that narrows the scope of a statute used by the Government and private parties against individuals who access computer systems without authorization. The decision in...more
The U.S. Supreme Court (SCOTUS) held today that the ban on sex discrimination in the federal employment law, Title VII of the Civil Rights Act of 1964, covers employment discrimination based on sexual orientation or...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On April 20, 2020, the U.S. Supreme Court agreed to take up a case involving the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), a federal statute that creates criminal penalties and a civil cause of...more
The State of New York has issued multiple Executive Orders and Administrative Orders impacting the operations of state courts during the COVID-19 outbreak.
Executive Order 202.8 -
As part of his continuing efforts to...more
On July 9, 2019, the New Jersey Supreme Court agreed to hear a case involving whether an employee can state claim against an employer under the New Jersey Law Against Discrimination (NJLAD) for failing to accommodate...more
7/25/2019
/ Adverse Employment Action ,
Appeals ,
Compassionate Use Act ,
Defamation ,
Drug Testing ,
Employer Liability Issues ,
Marijuana ,
Medical Marijuana ,
Motion to Dismiss ,
NJ Supreme Court ,
NJLAD ,
Reasonable Accommodation ,
Reversal
A recent decision of the New York Court of Appeals – the State’s highest Court – has thrown a wrench in a common litigation process used by commercial tenants – the so-called Yellowstone injunction. The 4-3 decision in 159 MP...more
On March 27, 2019, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings Inc. reversed the dismissal of an action under the New Jersey Law Against Discrimination (LAD) alleging failure to accommodate...more
The New Jersey Appellate Division reversed a decision allowing the Borough of Glassboro to condemn property just because it was part of a “Redevelopment Area” and has been since 2000. In Borough of Glassboro v. Grossman....more
This week, in Marilyn Flanzman v. Jenny Craig Inc. et al., No. A-2580-17, a panel of the Appellate Division found that an arbitration provision between weight loss company Jenny Craig and a former employee was unenforceable...more
A divided New Jersey Supreme Court ruled today in Paff v. Ocean County Prosecutor’s Office that the “criminal investigatory records” exemption to public disclosure under New Jersey’s Open Public Records Act, permits the Ocean...more
The U.S. District Court for the District of New Jersey denied an employee’s request to reopen her case based on alleged changed attitudes “post-Weinstein.” The Court also denied the employer’s request for sanctions but...more
8/1/2018
/ #MeToo ,
Appeals ,
Constructive Discharge ,
Dismissals ,
Former Employee ,
Frivolous Lawsuits ,
Hiring & Firing ,
Hostile Environment ,
Motion for Reconsideration ,
Motion to Set Aside the Verdict ,
Retaliation ,
Sanctions ,
Sexual Harassment ,
Summary Judgment
The Third Circuit upheld a decision to remand a class action to state court, agreeing that one of the defendants could not be disregarded as a “nominal party” even though it had transferred all of its contracts, assets,...more
Over the past month, the New Jersey courts have handed down several rulings clarifying the scope of New Jersey’s Open Public Records Act, or OPRA. The rulings have resulted in several significant victories for advocates of...more
Resolving an issue that has divided state courts and the federal circuit courts, the U.S. Supreme Court ruled today in Walter Splash, Inc. v. Menon, No. 16-254, that the Hague Convention on the Service Abroad of Judicial and...more
The U.S. District Court in Manhattan recently allowed a photojournalist’s complaint against the New York Police Department (NYPD) and City of New York to go forward. In Jason B. Nicholas v. The City of New York, 15-CV-9592,...more
The near-term fate of President Trump’s Executive Order barring entry from seven Muslim-majority countries was before the Ninth Circuit Court of Appeals on February 7, 2017. The Court must decide whether to stay a Temporary...more
Answering a question certified to it by the Second Circuit Court of Appeals, the New York Court of Appeals held in Flo & Eddie, Inc. v. Sirius XM Radio, Inc., that New York’s common law does not protect the right to publicly...more
The U.S. Supreme Court agreed today to review the Federal Circuit’s decision to strike down the Lanham Act’s ban on “disparaging” trademarks. The case, Lee v. Tam, No. 15-1293, involved an Asian American dance-rock band’s...more