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Florida Architectural, Engineering and Construction Defect Litigation July 1, 2010
In this case, Florida's Third District Court of Appeal, relying on Moransais v. Healthman, 744 So.2d 973 (Fla. 1999), explained that an extra-contractual remedy against a negligent professional is necessary because contractual remedies may be..., Case Law Alert - 3rd Qtr 2010
New Jersey Health Care Liability July 1, 2010
The decedent was part of a clinical trial concerning the dosage and food effects of a new medicine for schizophrenic patients. The defendant, a board certified psychiatrist, sought to dismiss the claims because the plaintiff's Affidavits of Merit..., Case Law Alert - 3rd Qtr 2010
Florida Health Care Liability April 1, 2010
The Fifth District Court of Appeals found that a durable power of attorney was broad enough to authorize the nursing home resident's daughter to enter into an agreement for binding arbitration. The durable power of attorney granted the daughter the..., Case Law Alert - 2nd Qtr 2010
New Jersey Public Entity and Civil Rights Litigation April 1, 2010
A Salem County jury found in favor of the plaintiff, a chemical engineer at duPont Chambers Works factory. The plaintiff complained to his superiors about the hazardous qualities of one of the chemicals made at the plant and claimed that his..., Case Law Alert - 2nd Qtr 2010
Federal Employment Law April 1, 2010
In Keyes, the plaintiff filed a lawsuit against his former employer, alleging that they terminated his employment in violation of the Americans with Disabilities Act. Specifically, the plaintiff alleged that he was provided with a verbal warning and..., Case Law Alert - 2nd Qtr 2010
New Jersey Employment Law April 1, 2010
The plaintiff's position as Divisional Vice President of Informational Services was eliminated, and he was terminated at the age of 57. The plaintiff alleged that his duties were distributed among remaining workers who were younger. While sustaining..., Case Law Alerts - 2nd Qtr 2010
New Jersey Employment Law April 1, 2010
The plaintiffs retained legal services and instituted an action alleging causes of action under both the NJLAD and CEPA. At a court ordered mediation, a tentative settlement was reached. However, an issue arose concerning whether the settlement..., Case Law Alert - 2nd Qtr 2010
New Jersey Workers' Compensation April 1, 2010
The petitioner was a master plumber and foreman with the respondent, Barnickel Enterprises, Inc. As a privilege of his employment, the petitioner was authorized by the respondent to utilize a company vehicle to drive to and from home and between job...
Federal Employment Law April 1, 2010
In Sanchez, the plaintiff alleged that his supervisor made six derogatory comments about his national origin over a six-year time frame and filed suit for, among other claims, violation of Title VII in the creation of a hostile work environment. In..., Case Law Alert - 2nd Qtr 2010
Florida Health Care Liability April 1, 2010
The Florida Supreme Court was called upon to decide whether a physician's pre-delivery notice to his or her patient of the plan and his or her participation in the plan satisfy the notice requirements if the hospital where the delivery takes place..., Case Law Alert - 2nd Qtr 2010


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