On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the...more
We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more
A district court improperly granted summary judgment to an employer defending against a claim of disability discrimination where the district court relied too heavily on the state agency’s finding that an employee failed to...more
In a unanimous decision, the U.S. Court of Appeals for the Ninth Circuit on August 20, 2014, upheld a lower court’s ruling and rejected an attempt by several environmental groups to use the citizen suit provision under the...more