Joan M. Schwab
Member
18 Columbia Turnpike • Suite 200 • Florham Park, NJ • 07932
Direct Dial: 973.645.4829 | 
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jschwab@saiber.com
Joan Schwab’s practice is focused on a wide variety of complex litigation, including employment litigation and counseling. She also has handled numerous insurance coverage actions, reinsurance disputes, defense of personal injury and products liability claims. Her practice also includes the defense of professional liability claims, director and officer liability claims and a wide variety of business litigation.
Joan regularly litigates matters arising in the workplace, including the defense of sexual harassment, age, race and disability discrimination claims, CEPA claims and restrictive covenant litigation. She represents corporate clients, insurance companies, licensed professionals and state entities in state and federal courts at the trial and appellate levels and before administrative tribunals. Joan frequently conducts seminars on a variety of issues including sexual harassment, interviewing, hiring and firing, workplace violence, workplace privacy, reasonable accommodation under the Americans with Disabilities Act (ADA) and employee handbooks.
Joan also handles insurance and reinsurance litigation matters, representing insurance companies with respect to coverage issues involving property, commercial casualty, life, health, general liability, professional liability, directors & officers’ liability and other specialized coverages. She also defends personal injury and product liability claims.
Representative Matters
Summary judgment in favor of insurer where policyholder attempted to overcome the intentional acts exclusion.
Summary judgment affirmed on appeal in favor of client insurer on claims and not policy afforded coverage for sexual harassment or molestation.
Summery judgment where insured agreed that family member exclusion did not apply.
Summary judgment on claims alleging increased limits of uninsured/underinsured motorist coverage.
Summary judgment on agent negligence claims.
Favorable determination of allocation claims in reinsurance arbitration.
Favorable determination of treaty language dispute in reinsurance arbitration.
Favorable resolution of negligent underwriting claims in arbitration.
Defense of employer in sex and race discrimination claims leading to favorable settlement.
Defense of court appointed agent in negligence claims resulting in summary judgment.
Noteworthy Decisions
Pinto v. Allstate
Honors and Awards
New Jersey Super Lawyers, 2008-2010
Publications
"Stressed Out and Antisocial Employees: Are They Protected Under the ADA?," Metropolitan Corporate Counsel, 1998
"Legislative Oversight Act Violates Separation of Powers Doctrine; New Jersey Building Authority Act’s Veto Provision Complies with Separation of Powers Doctrine," 13 Seton Hall L. Rev. 549, 1983
Presentations
“Legal Issues Arising from Mental Illness in the Workplace,” Firm-sponsored presentation, February 2008
"The Americans With Disabilities Act," Firm-sponsored presentation, 2002
"Critical Strategies in Conducting Prompt and Thorough Investigations: Mock Sexual Harassment Investigation," Council on Education in Management, Personnel Law Update, 2000
Memberships and Activities
Essex County Bar Association
New Jersey State Bar Association
American Bar Association