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Florida Product Liability January 1, 2011
The plaintiff spoke through a hole in his throat as a result of laryngeal cancer surgery and suffered from COPD and other types of cancer as well. The case was originally tried in May 2010, but a mistrial was declared. On retrial, the jury found..., Case Law Alert - 1st Qtr 2011
Florida Insurance Coverage/Bad Faith Litigation January 1, 2011
Where the facts developed through discovery ultimately established that only one insurer had a duty to indemnify, the primary insurer was not entitled to recover its defense costs because the allegations in the complaint were sufficient to trigger a..., Case Law Alert - 1st Qtr 2011
New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2011
In this case, the homeowner was alleging a breach of contract for the repair and remodeling of a home. The homeowner’s arbitration demand named both the contracting company as well as its owner individually. The owner never objected to his personal..., Case Law Alert - 1st Qtr 2011
Pennsylvania Employment Law January 1, 2011
The Pennsylvania Supreme Court was required to determine whether a third-party agency employer qualifies for the domestic services exemption and, therefore, was exempt from paying its home health aides overtime. Domestic service is defined as "work..., Case Law Alert - 1st Qtr 2011
Delaware Architectural, Engineering and Construction Defect Litigation January 1, 2011
In this construction contract dispute, the court awarded prejudgment interest, but not attorneys fees, to a roofing contractor under the Delaware Construction Prompt Payment Act, 6 Del. C. § 3506 where the owner failed to give specific notice within..., Case Law Alert - 1st Qtr 2011
Florida Product Liability January 1, 2011
Phyllis Frazier contracted COPD almost 20 years ago and required oxygen to breathe, despite undergoing a lung transplant. The jury agreed that a smoking addiction was the legal cause of her injury but concluded that she should have known prior to..., Case Law Alert - 1st Qtr 2011
Federal Public Entity and Civil Rights Litigation January 1, 2011
On August 11, 2006, at approximately 1:30 a.m., Pennsylvania State Police (PSP) Corporal Brian Barnhart and PSP Trooper Nathaniel Lieberum observed Revak driving erratically and speeding in his truck. The officers engaged the overhead lights and..., Case Law Alert - 1st Qtr 2011
Pennsylvania Health Care Liability January 1, 2011
The Supreme Court of Pennsylvania reaffirmed its decision to permit nurses to present expert testimony that a breach in the nursing standard of care caused a plaintiff's condition. In its 2009 decision of the same case, the Supreme Court, sua..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The claimant was injured while working for an employer that was under sub-contract with a general contractor, and the claimant was paid benefits. Later, the case was mediated, and an agreement was reached to settle the claim. At the mediation...
New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2011
This case dealt with a dispute when a homeowner stopped making payments to the contractor who was constructing a first-floor extension and second-floor addition. The contractor filed suit, and the homeowner counter-claimed for costs to repair the..., Case Law Alert - 1st Qtr 2011

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