On March 7, 2016, a bill was introduced in the New Jersey Senate that, if enacted, would dramatically alter class action litigation in New Jersey. The bill, S1845, would permit litigants to immediately appeal to the Appellate Division of the Superior Court judicial determinations as to the certification or decertification of a class of plaintiffs in a class action lawsuit. Such interlocutory appeals would be allowed as a matter of right. Under the existing system, a litigant who wishes to challenge a class certification determination must file a motion for leave to file an interlocutory appeal, which is rarely granted. If a motion for leave to appeal is not granted, the litigant is generally left with a choice between incurring the expense of litigating the matter to a final judgment or settling the case without the benefit of a judicial ruling. Several other states, including Connecticut, Florida, Ohio, Oklahoma, and Texas, currently permit interlocutory appeals of class certification determinations as of right.
On June 4, 2012, a bill (S2044) was introduced in the state Senate (and referred to the Senate Labor Committee) that would greatly expand employers’ notice obligations under the state Family Leave Insurance (FLI) and Temporary Disability Insurance (TDI) laws.
The plaintiff, a real estate agent, had a dispute with his employer over a commission after the client was transferred to another agent. The plaintiff threatened to write a letter to the Real Estate Commission outlining alleged improprieties if he did not receive his commission. He was then terminated and filed suit under CEPA.
Sixth Circuit Finds CBA Provision Requiring Union to Indemnify Employer for Withdrawal Liability Does Not Violate Public Policy Under ERISA
The Sixth Circuit Court of Appeals recently held that a collective bargaining agreement (CBA) provision, which obligated a union to indemnify an employer for withdrawal liability did not violate public policy under the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA). This issue was undecided in the Sixth Circuit, and the decision provides some much-needed guidance for employers.