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C.V. v. Waterford Twp. Bd. of Educ.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Education
Court: New Jersey Supreme Court
Judge: Justice Wainer Apter
Attorneys:
For plaintiff: Leo B. Dubler, III (Law Offices of Leo B. Dubler, III, attorneys; Leo B. Dubler, III, and Melanie C. Playo, on the briefs)
For defendant: Michael S. Mikulski, II (Connor, Weber & Oberlies, attorneys; Michael S. Mikulski, II, and Amelia M. Lolli, on the brief)
Case number: A-24-22 (087260)

Touching of Body Parts Linked to Sexuality Inherently Constituted Sexual Harassment Giving Rise to LAD Claim

September 12, 2023 | New Jersey Law Journal

Justices: NJLAD Provides Same Protection From Sexual Harassment in Both Employment and Place of Public Accommodation

"'Because of' and 'on account of' both incorporate the traditional standard of but-for causation. Under that standard, one event can have multiple but-for causes," Justice Rachel Wainer Apter wrote for the court.
5 minute read
C.V. v. Waterford Twp. Bd. of Educ.
Publication Date: 2022-06-27
Practice Area: Civil Rights
Industry: Education | Transportation
Court: Appellate Division
Judge: Judge Rothstadt
Attorneys:
For plaintiff: Leo B. Dubler, III
For defendant: Connor, Weber & Oberlies (Amelia M. Lolli and Michael S. Mikulski, II, on the brief). White and Williams, LLP (Robert G. Devine, of counsel and on the brief; Kimberly M. Collins, on the brief)
Case number: A-0626-20

LAD Gender Discrimination Arising from School Sexual Assault Failed Where Evidence Indicated Abuser Targeted Victim Due to Age, Not Gender

June 14, 2022 | New Jersey Law Journal

Appellate Division Won't Apply Law Against Discrimination to Sexual Abuse Committed on a School Bus

An Appellate Division judge agreed with the motion judge "that the LAD has no application to a sexual predator's assault of a student on a school bus where there is no evidence his actions were based solely on the victim's status as a member of a protected group." He made clear that this ruling does not rule out sexual assault on a school bus as an act subject to a LAD claim.
5 minute read
April 25, 2022 | The Legal Intelligencer

Ross Feller Casey Uses Immunity Exception to Sue School District in State Court While Federal Case Is Ongoing

"It opens the state courthouse doors to plaintiffs who would otherwise have no remedy under the law unless there was a civil rights claim, which is a much more difficult burden of proof to meet," Matt Casey said.
4 minute read
February 10, 2022 | The Legal Intelligencer

Appeals Court: Private-Sector Co-Defendants May Seek Venue Change Under State Protection Provision

The Commonwealth Court eyed the law that establishes that state entities may only be sued in the county where either the incident at issue arose or where that entity is located.
4 minute read
October 13, 2021 | The Legal Intelligencer

Pa. Judge Sides With Father Seeking to Vaccinate Daughter Over Mother's Objection

A Chester County judge concluded that the "science is clear and ... this is not a difficult call. Vaccination against COVID-19 saves lives." But disagreement among co-parents can tax family courts, one expert said.
3 minute read
October 26, 2020 | The Legal Intelligencer

Title IX, Inadequate Harassment Training Claims Survive Hurdle in Pa. High School Sex Assault Suit

A key focus in the case was the policy of recognizing precursor misconduct, defined as "the targeting of a student by an adult through various modes of communication with the intention of promoting or engaging in sexual activity with the student."
3 minute read
October 03, 2019 | The Legal Intelligencer

Plaintiff Claimed No Warning Signs at Trench Where She Fell

On Jan. 6, 2016, plaintiff Deena Jefferson, 22, a convenience store's clerk, tripped and fell while she was walking at 131 N. 10th St., in Center City, Philadelphia. Jefferson claimed that she tripped over a construction trench, resulting in injuries to her neck, shoulder, back and ankle.
4 minute read
September 26, 2019 | The Legal Intelligencer

Inmate Struck by Snowplow Truck, Suffered Multiple Injuries

On Feb. 4, 2017, plaintiff Harris Newman, 74, was run over by a snow-plow truck at the State Correctional Institution-Waymart, in Waymart. Newman, who was incarcerated at the prison, claimed injuries to his arm, liver and ribs.
4 minute read

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