7 results for 'judge:"Fasciale "'.
J. Fasciale finds that the appellate division improperly allowed employees to continue claims contending they had not been paid for pre- and post-shift work because the cited amendments to state wage payment law were not in effect when the alleged violations occurred and were not intended to be applied retroactively. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: May 14, 2024, Case #: A-3-23, Categories: Civil Procedure, Employment
J. Fasciale finds that the appellate division improperly dismissed claims in which neurosurgeons contend a hospital failed to negotiate in good faith and granted other neurosurgeons exclusive rights when a new hospital opened, as the challenge to exclusive rights privileges were not "subsumed" by the implied covenant claim, and plaintiffs plausibly claimed an implied contract had been entered. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: April 16, 2024, Case #: A-52-22, Categories: Contract
J. Fasciale finds that the appellate division should have dismissed class claims contending a senior living facility misrepresented its refund policy for resident entrance fees because the allegations did not relate to misrepresentations about food served at the facility, and thus statute cited in the motion to dismiss did not apply. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale, Filed On: January 10, 2024, Case #: A-37-22, Categories: Fraud
J. Fasciale finds that the appellate division properly granted plaintiff workers' compensation stemming from injuries he sustained in a car collision while driving his truck to pickup supplies because plaintiff was acting in the course of his employment, and not merely commuting, when the accident occurred. Affirmed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: November 21, 2023, Case #: A-30-22, Categories: Workers' Compensation
J. Fasciale finds the appellate division improperly affirmed the decision by the parole board that the parolee reside at the residential treatment program following his sentence for drug offenses. Such residential treatment could be completed during incarceration, and the parolee had already fully complied with the legislatively imposed process for his release. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: August 3, 2023, Case #: A-26-22, Categories: Parole
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J. Fasciale finds that the trial court properly upheld the ruling requiring the school board to notify a full-time preschool teacher that switching to a part-time position would not necessarily provide her the right to return to a full-time position. The teacher did not knowingly waive her tenured right to a full-time teaching position, and while the school did not have an explicit duty to provide notice, waiver of tenured rights must be "clear, knowing and unequivocal." Affirmed in part.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: June 12, 2023, Case #: A-21-22, Categories: Employment
[Consolidated.] J. Fasciale finds that the appellate division improperly denied two defendants acquittal on charges accusing them of being drug kingpins. However, a third defendant was properly denied acquittal.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: June 7, 2023, Case #: A-8-22, Categories: Drug Offender