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Tailored just for you. In your inbox. Every day. All Rights Reserved. Publications Publications Law. In Gardenhire v. New Jersey Manufacturers Insurance Co. In reaching this determination, the Court found that the language of Section 12 e was unambiguous.
Citing Connecticut National Bank v. Germain , U. As to the LAD specifically, it found that the Legislature has directed the LAD be liberally construed to effectuate its broad remedial purpose. Rather, they were an individual and a company which Plaintiff claimed aided and abetted his employer in discriminating against him. Ultimately, the Gardenhire court found that Plaintiff had not put forward sufficient facts to establish liability against the moving defendants.
But that case was decided on summary judgment, after discovery had been completed. In Det. Ciasulli , N. Corporate Health did not argue that Det. Avis could not establish these factors. The trial court in Det. Here's a nice article about my recent big jury verdict. I'm proud to have won this hard-fought case for my client who was seriously injured due to a failure to accommodate.
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By Lawrence J. Del Rossi. Aguas v. New Jersey , N. Tarr v. Ciasulli , N. In other words, what happens when the supervisor is the only person alleged to have engaged in the wrongful conduct? Office of the Courts of N. For example, in Yobe v. Renaissance Electric, Inc. Hartford Plaza Ltd. In discrimination, hostile work environment and retaliation cases brought under the NJLAD, it is common for a plaintiff to name his or her former supervisor as an individual defendant, particularly if the supervisor is the person who made the decision to take an adverse employment action against the plaintiff.
In addition, legal fees could increase if separate legal representation for the employer and the supervisor is required. These important issues should be considered and discussed with counsel at the outset of the case. Because the NJLAD does not provide for individual liability for aiding and abetting if the employer is not found liable, the best defense is a unified one between the employer and the individual supervisor.
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Two Justices dissented from this ruling. Posted in Merits Cases. After the Supreme Court's fractured ruling on California's restrictions on indoor religious services, there's been considerable debate about the precise vote counts on the three issues addressed in the court's Friday-night order. We have a full breakdown:. Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website.
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