Hawes v. Johnson & Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that claims for compensatory and punitive damages survived plaintiff’s death under New Jersey’s local discrimination law and that plaintiff’s estate could substitute party
• holding that under federal common law, punitive damages did not survive under the ADEA
• concluding that a deceased plaintiff’s discrimination claims under the LAD survived his death
• determining that “plaintiff’s claims for liquidated and punitive damages which are penal in nature under the ADEA did not survive his death”
• “The mere reference to the death of [a party] in plaintiffs’ reply brief submitted in support of their class certification motion is insufficient to trigger the commencement of the 90 day time limit.”
• former employee’s claim of constructive discharge in violation of the ADEA and the New Jersey law against discrimination survives his death as a matter of Federal common law and under State survival statute, respectively

Source: CourtListener parenthetical corpus (CC0).