:: Wong Fleming Employment Law Blog ::

Search :

Public Entities

Tort Claims Act

Claims Brought Under the New Jersey Civil Rights Act are not Subject to the New Jersey Tort Claims Act’s Notice of Claim Requirement

Oct 02, 2008

Owens v. Feigin, 194 N.J. 607 (2008).

In Owens, the Supreme Court of New Jersey, affirming the Appellate Division, held that the notice of claim requirement under the New Jersey Tort Claims Act (“TCA”) does not apply to actions brought under the New Jersey Civil Rights Act (“CRA”). Read More

No Notice of Claim is Required Under the Tort Claims Act, Absent a Nexus Between the Tort Complained of and a Defendant’s Public Employment

Mar 18, 2008

Gazzillo v. Grieb, 2008 N.J. Super. LEXIS 49 (App. Div. Jan. 9, 2008).

A Notice of Tort Claim is not required when there is no connection between the alleged tort and the defendant’s public employment. In Gazzillo, the New Jersey Appellate Division held that the plaintiff, Helen Gazzillo, could sue the defendant, Robert Grieb, for an alleged sexual assault despite Gazzillo’s failure to file a notice of claim pursuant to the Tort Claims Act, because there was no nexus between Grieb’s public employment and the alleged sexual assault. Read More

Qualified Immunity

U.S. Supreme Court Requires Complaints to State “Plausible” Claims For Relief and Extends Qualified Immunity for High-Ranking Officials

Feb 01, 2010

A 5-4 decision this past May by the United States Supreme Court greatly restricts the ability of plaintiffs to sue high-ranking government officials for Constitutional violations, including for unconstitutional discrimination. The decision contained two key holdings. The first was that government officials cannot be found to have “supervisory liability” absent actual misconduct by that government official in a constitutional discrimination case. Additionally, the Court applied its earlier decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) to find that the “plausibility” requirement contained in Twombly acts as a bar to claims based on allegations a court believes are conclusory, and making clear that Twombly extends outside of the antitrust context. Read More

Absolute Immunity

Acceptance of Federal Funds by One Part of a State Agency Sufficient to Waive Eleventh Amendment Immunity for All Parts of That Agency

May 15, 2009

Haybarger v. Lawrence Cty. Adult Probation & Parole, 551 F.3d 193 (3d Cir. 2008)

Closely examining basic principles of Eleventh Amendment Immunity, the Third Circuit has held that acceptance of federal funds by one part of a state agency is sufficient to waive immunity for all parts of that agency.

DISCLAIMER AND TERMS OF USE

Please read the disclaimer, and understand that you are accepting its terms, before reading any posts on this blog.

Editor: Wendy Lucas

About the Editor

Username:

Password:

If you have forgotten your username
or password, click here.

RSS

Arbitration
	Arbitration Agreements
Civil Rights
	Fee-Shifting Freedom of Speech Public Accommodations Search & Seizure Section 1981 Section 1983 Section 1985 Title IX
Class Actions
	Fee-Shifting
Consumer Protection
	Consumer Fraud
Corporate Law
	Sarbanes-Oxley (SOX)
Employment Law
	ADA ADEA Choice of Law Civil Service Confidentiality Agreements Disability Benefits Discrimination Age Disability Political Affiliation Pregnancy Race Religious Retaliation Sex Sexual Orientation ERISA Family and Medical Leave Act Fee-Shifting Hostile Work Environment Restrictive Covenants Title VII Trade Secrets Unemployment Benefits Whistleblowers' Rights Workers' Compensation
Evidence
	Collateral Estoppel Confidentiality & Privilege Damages Expert Witnesses Fee-Shifting Taxation
False Claims Act
	Fee-Shifting
Jurisdiction
	Subject Matter Jurisdiction
Public Entities
	Absolute Immunity Qualified Immunity Tort Claims Act

September 2010
S	M	T	W	T	F	S
			1	2	3	4
5	6	7	8	9	10	11
12	13	14	15	16	17	18
19	20	21	22	23	24	25
26	27	28	29	30

Home : Terms of Use : Privacy Policy : wongfleming.com