Aggressive Advocates For Your Rights

October 2012 Archives

Transactional Legal Malpractice: A Difficult Task.

Often times, the most difficult legal malpractice cases are those involving transactions. Generally, this is a more difficult case because there is no formal deadline, or process such as in litigation. Jobar Realty Co, Inc. v. Tombalakian et al., No.: A-3660-10T1 (N.J. Super. Ct. App. Div. Mar. 26, 2012) is case where a court took the time to explain legal malpractice elements as it applies to a situation outside the litigation arena.

What is in a Complaint?

Manley v. Memorial Hospital of Salem, C.A. No.: 11-2117, (D. N.J. 2012) is a case which is important because it states the standard of what should be contained in a hostile work environment complaint. A complaint is the legal document by which a party institutes a lawsuit. Within the document, a party must specify the facts which give rise to the complaint. As you will see below, courts look for certain elements in reading complaints.

When was the Discrimination?

Seltman v. Exelon Corp.,C.A. No: 11-07195 (E.D.Pa. 2012) is an employment discrimination case fromPennsylvania. The main import of the case is that it analyzes when the statute of limitations begins to run on a case of employment discrimination. A typical case of employment discrimination involves the discrete act making up the discrimination, the termination, and then a filing of a charge with the respective administrative agencies. Theoretically, these times should all be concrete, however more often than not it is a nebulous concept. This case involves some discussion of waiver of rights but the crux of the case is the timeliness analysis.

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