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Monroe Township Board of Education v. J.A. and J.A. o/b/o J.A. (EDS 04821-20)

Client: Monroe Township Board of Education

Court: Office of Administrative Law

Trial Attorney:  Sanmathi (Sanu) Dev, Esq.

**Results may vary depending on your particular facts and legal circumstances**

The Board filed a due process petition seeking to deny the parents’ request for an independent auditory evoked potential evaluation of a student diagnosed with autism. The parents, through counsel, requested the District conduct the test, at the District’s expense, even though the District never observed the student having any auditory issues in the thirty-two evaluations conducted of the student over a nine-year period. The ALJ ruled in the Board’s favor and denied the request and also determined that the parents’ request for the evaluation was unjustified and frivolous.

To view the case, please click here.

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Ashley Metcalf v. AirBnb, EPKY 7395 LLC and Sofia Krimizi

Client: AirBnb

Court: New York Supreme Court, County of Kings

Brief Attorney:  Alyson L. Knipe, Esq. on the brief and oral argument by Stephen J. Alexander, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff commenced an action for personal injuries allegedly sustained as a result of a window slamming down on plaintiff’s hand while staying at an AirBnb accommodation booked through the AirBnb travel platform.

On May 18, 2020, Judge Ottley issued a decision granting summary judgment in favor of AirBnb. The court held that AirBnb did not owe plaintiff a duty of care. Additionally, the court found that the apartment listing on the AirBnb website for a fee does not meet the criteria of a “launching of a harm” under Espinal v. Melville Snow Contractors, 98 NYS2d 136 (2002). Lastly, the court further found that AirBnb lacked constructive notice of the window’s condition.

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Barbara Bergman v. Bella Notte Restaurant, 191-219 Mineola LLC, and LI Parking Valet Inc.

Client: LI Parking

Court: New York Supreme Court, County of Nassau

Trial Attorney:  Stephen J. Alexander, Esq.

Brief Attorney:  Alyson L. Knipe, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff commenced an action for personal injuries allegedly sustained when she tripped and fell over a metal valet parking sign in a restaurant’s parking lot.

In the May 13, 2020 Judge Mahon granted summary judgment to defendant LI Parking.  Judge Mahon held that LI Parking did not launch a force or instrument of harm pursuant to Espinal v. Melville Snow Contractors, 98 NYS2d 136 (2002). The Court found that LI Parking established, prima facie, that it did not create or exacerbate a dangerous condition by its mere placement of the sign at the subject location.  At most, LI Parking furnished the occasion for the accident, but it did was not sufficient to constitute the creation of an unreasonable risk of harm to others.

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Timothy Marsh v. GGB, LLC

Client: GGB, LLC

Court: U.S. District Court for the District of New Jersey

Trial Attorney:  Ralph R. Smith, 3rd, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff, a former employee of defendant, GGB, LLC (“GGB”), brought suit alleging violation of the FMLA and ADA.

Defendant, GGB, LLC, had a policy in place where employees must report absences and FMLA leave requests through a hotline maintained by a third party. Unexcused absences, per GGB policy, are assessed a point value per occurrence. All employees, including plaintiff, were made aware of this policy.  Once nine (9) points are accumulated, termination is mandatory. Plaintiff reached this maximum in October 2016 which resulted in his termination from GGB.  In his lawsuit, Plaintiff claimed that GGB was required to do more to accommodate his disability prior to utilizing its absenteeism policy to terminate his employment.

In advance of any trial, the court granted summary judgment on behalf of GGB, LLC finding (1) no interference or retaliation against plaintiff as to his FMLA allegations and (2) no disability discrimination, no failure to accommodate and no retaliation against plaintiff as to his ADA/NJLAD allegations. The Court determined that GGB validly applied its absenteeism policy to terminate Plaintiff’s employment without violating either the ADA or FMLA.

To read the opinion, please click here.

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Local Union Fails to Prove Unfair Labor Practice Charge

Client: E.G. Emil & Son, Inc.

Court: National Labor Relations Board

Trial Attorney:  Ralph R. Smith, 3rd, Esq.

**Results may vary depending on your particular facts and legal circumstances**

A local union filed an unfair labor practice charge with the National Labor Relations Board claiming our client, E.G. Emil & Son, Inc., did not engage in good faith negotiations over the effects of the client’s sale of its business and the termination of its operations.

Upon review, the National Labor Relations Board rejected the union’s claims and found in favor of E.G. Emil & Son, Inc.

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Jullian Booker v. Durand, Inc.

Client: Durand, Inc.

Court: New Jersey Division of Civil Rights

Trial Attorney:  Ralph R. Smith, 3rd, Esq.

**Results may vary depending on your particular facts and legal circumstances**

A charge of gender discrimination was filed against our client, Durand, Inc., by a former employee claiming this his discharge from employment resulted because he was male.

The New Jersey Division of Civil Rights investigated the claim. The Division determined that there was no probable cause to support the employee’s allegation and dismissed the claim in favor of Durand, Inc.

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Fisher v. Southampton Volunteer Fire Dept,. et al, docket no. 1:19-cv-00273-NLH-KMW

Client: Southampton Volunteer Fire Dept. and its fire chief

Court: United States District Court, District of New Jersey

Trial Attorney:  Betsy G. Ramos, Esq. and Benjamin Zieman, Esq. (former shareholder)

**Results may vary depending on your particular facts and legal circumstances**

The plaintiff had contended that the fire department violated his constitutional rights for demolishing his home without notice or compensation to him. The home was demolished due to safety concerns and the inability to totally extinguish the fire after it suffered a partial collapse. The federal court judge found that, due to the emergent circumstances, the fire department did not violate the plaintiff’s constitutional rights and dismissed the lawsuit on summary judgment as to both the fire department and the fire chief.

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L.K. v. Washington Township Board of Education

Client: Washington Township Board of Education

Court: Office of Administrative Law

Brief Attorney:  Sanmathi (Sanu) Dev, Esq.

**Results may vary depending on your particular facts and legal circumstances**

The petitioner, who sought the removal of manifestation determinations in her child’s file, failed to appear at a scheduled due process hearing on the matter. The petitioner subsequently requested the petition be withdrawn, and the Board requested that it be withdrawn with prejudice. The petitioner, wishing to retain the right to refile or seek alternate measures in the future, requested that it be with withdrawn without prejudice. The Board successfully argued that the case be dismissed with prejudice. The ALJ ruled that the petitioner’s actions and writings supported her intent to abandon the matter and ruled the matter to be withdrawn with prejudice.

To view the case, please click here.

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McBride v. Atlantic Chrysler Jeep

Client: Atlantic Chrysler Jeep

Court: Supreme Court

Brief Attorney:  Laura D. Ruccolo, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff complained that she was subjected to sexual harassment by her supervisor resulting in her constructive discharge. Defendant had in place an Anti-Sexual Harassment policy that was provided to plaintiff upon her hiring. Plaintiff was trained and tested on the policy. Plaintiff failed to avail herself of the policy. Nonetheless, as soon as defendant became aware of the claim it investigated and ultimately terminated the supervisor who was allegedly perpetrating the sexual harassment. The court dismissed all of plaintiff’s claims on summary judgment.

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Emily Manuel/High Point Prop. and Casualty v RWJ Barnabas Health

Client: RWJ Barnabas Health

Court:  Superior Court of New Jersey
Appellate Division

Trial Attorney:  Christina M. Adinolfi Shea, Esq.

Brief Attorney: Christina M. Adinolfi Shea, Esq. and Caroline N. Yount, Esq.

**Results may vary depending on your particular facts and legal circumstances**

The New Jersey Appellate Division decided on October 16, 2019, that a nurse who was walking from work premises to a parking lot following her shift at Jersey City Medical Center/RWJBH was not in the course of employment when she was struck by a motor vehicle.

Petitioner had appealed the ruling of a Judge of Compensation that her injuries did not arise out of and in the course of her employment.  The Judge had found petitioner was injured on a public street, not within the control of the hospital and that the hospital did not exercise daily control and maintenance of the parking lot. The Appellate Division agreed that petitioner was not injured in the course of her employment and did not suffer a compensable injury.

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