Archive for November, 2015
Employer May Sue for Disgorgement of Employee’s Compensation Due to Breach of Duty of Loyalty Despite Lack of Economic Loss
A dispute arose between plaintiff Bruce Kaye and defendant Alan Rosefielde, an attorney Kaye initially retained as outside counsel and later employed directly. For 2 years, Rosefielde served as COO of some of Kaye’s timeshare businesses and as to those entities General Counsel. During this time period, Rosefielde committed serious misconduct by acting on his […]
Based Upon Indemnification Agreement Between Defendant Contractor and Employer, Jury Should Have Been Allowed to Allocate Negligence Against Employer
The exclusive remedy provision of the Workers Compensation Act, N.J.S.A. 34:15-8, bars the employee from suing his or her employee for a workplace bodily injury based upon negligence. However, this provision does not preclude an employer from agreeing to contractually indemnify a third party for its negligence. Under those circumstances, an employer could be liable […]
Subpoena Rule Change Simplifies Process to Issue NJ Subpoena for Out-of-State Case
It is not well known, but New Jersey changed its rules of civil procedure, as of September 1, 2014, making it easier for out-of-state attorneys to serve subpoenas in New Jersey for an out-of-state case without having to retain NJ counsel. Previously, an out-of-state attorney would have to retain a NJ attorney, have them file […]
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