Aggressive Advocates For Your Rights

December 2012 Archives

Does Retirement really mean Discrimination?

Bucholz v. Victor Printing, Inc., 2012 WL 2522969 (D. N.J. 2012) is a case which analyzes the New Jersey Law Against Discrimination ("LAD"). Specifically, Bucholz, the Plaintiff accused his former employer of discrimination on the basis of age. The Defendant, a printing shop, filed a motion for summary judgment following the filing of the complaint, and preliminary discovery. 

The Meaning of Esoteric.

Vazquez v. Macri et al., No: A-3572-10T1 (N.J. Super. 2012) is a New Jersey state case which discusses when an expert is needed to define the professional standard of care. In the original trial, the case was dismissed in the defendant attorney's favor because no expert witness was produced. On appeal, the Plaintiff's main argument was that lay jurors could replace experts in this limited circumstance. The appeals court showed particularly why pre-litigation discovery, specifically depositions are so important in proper case preparation.

Precision wording....the key to law.

Sims v. Budd Lerner P.C., 2012 WL 4741587, (Super.Ct., App. Div. N.J. Oct. 5, 2012) is a case which examines the legal malpractice case within the scope of a post-divorce settlement agreement. The Plaintiff hired the defendant attorneys in relation to a post-judgment matter. 

An off-color comment does not in itself create a lawsuit.

Del Tinto v. Club Com, LLC et al., 2012 WL 5615257, (W.D.Pa. Nov. 15 2012) is an employment discrimination case. The case examines what is required for a plaintiff to meet the "regarded-as" prong of disability as well as what is necessary for hostile work environment claims. The case came before the court on summary judgment by the defendants, meaning the Court was tasked with deciding whether there were any genuine issues of material fact. 

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