Aggressive Advocates For Your Rights

September 2012 Archives

I Tip My Hat to the New Constitution.

Giannini v. Rosenberg, No. 11-3542 (June 8, 2012 D.N.J.) is a case which examines the process of bringing a malpractice suit while an ethics charge is still pending. This case is being presented to show the various levels of complaints which are available to Plaintiffs as well as how the systems work in harmony when discussing Constitutional claims.

The Difficult Case of Wrongful Discharge

Randler v. Kountry Kraft Inc., No. 1:11-CV-474, (M.D.Pa. October 24, 2011) is an employment case related to termination.Pennsylvania is known as an "at-will" employment state. This means that generally, a person may be terminated for any reason, as long as it is not illegal. However, as employment law has evolved so has the idea of wrongful termination. In an "at-will" state likePennsylvania, a public policy exception must be found for a termination to be found wrongful if it does not otherwise invoke race, gender, or religious discrimination statutes. This case provides an example of a court allowing an action to go to trial on this idea, although does not approve or disapprove of the public policy.

How to Lose a House Without Really Trying.

Indymac Bank, FSB v. Kesselman et al., No. A-4830-10T4, (N.J. Super. App. April 4 2012) is a case which examines the difficult issue of establishing a defense to foreclosure. Due to the massive volume of foreclosure cases in recent years, many states have set-up programs for mediation which attempt to prevent evictions. These programs have a lofty goal of keeping people in their homes, and should be lauded. What happens then, when the program is unsuccessful?

The Merits of being Timely

Slewion v. Weinstein et al., CA No. 10-CV-5325, (E.D.PA August 6, 2012) is a case which involved a summary judgment motion based on a lack of certificate of merit. The plaintiff in the case was unable to produce the certificate of merit upon request by the court. This case was chosen because despite the rather commonplace certificate of merit absence, it also involves the court detailing certain situations where a plaintiff was allowed to move forward without a certificate of merit.

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