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New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2011
This case dealt with personal liability of a home improvement contractor under the Consumer Fraud Act (“CFA”). In this case, the trial court dismissed the individual defendants and only imposed liability upon the corporate entity for the CFA..., Case Law Alert - 1st Qtr 2011
Pennsylvania Architectural, Engineering and Construction Defect Litigation January 1, 2011
The owner/developer of a property had a contract to build a new Family Courthouse in Philadelphia. The owner paid the architect for its original plans. After governmental review, revisions were made, and a revised set of plans were prepared. The..., Case Law Alert - 1st Qtr 2011
Pennsylvania Automobile Liability January 1, 2011
In this case, two men were killed when struck by a motor vehicle while crossing a street. This is an appeal from a grant of summary judgment in favor of Quick Service on the issue of causation. The plaintiffs failed to show the necessary causal..., Case Law Alert - 1st Qtr 2011
Pennsylvania Product Liability January 1, 2011
Summary judgment for manufacturer reversed since a portion of the expert report addressing foot-related safety hazards regarding ATV does not raise a new cause of action after expiration of the statute of limitations when claims alleging absence of..., Case Law Alert - 1st Qtr 2011
Federal Public Entity and Civil Rights Litigation January 1, 2011
Theresa Ray went to her husband's home in Warren, New Jersey, to pick up their youngest daughter for court-ordered visitation. After ringing the doorbell, Ms. Ray observed a man whom she believed to be her husband moving about in the home. Ms. Ray..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
Following the claimant's work injury, he received a third party recovery, and a Third Party Settlement Agreement was executed. Pursuant to that agreement, the employer was to reimburse the claimant $216.88 per week for a period of 1,353.6 weeks. The...
New Jersey Employment Law January 1, 2011
The plaintiff was employed by the sheriff's department. After being laid off, he sought relief before the Civil Service Commission where his claim was denied. The plaintiff did not appeal this decision but, instead, filed suit in the Superior Court..., Case Law Alert - 1st Qtr 2011
Florida Automobile Liability January 1, 2011
The plaintiffs' settled a wrongful death claim against a nursing home. The defendant, the Secretary of the Department of Health and Human Services ("HHS"), sought reimbursement for medical payments made on behalf of the decedent. The estate paid..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The claimant filed a penalty petition for late payment of a settlement that was part of an approved Compromise and Release Agreement. The decision approving the settlement was circulated on October 17, 2008, and the settlement payment was made on...
New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2011
This case addresses “Pay-if-Paid” clauses. Such clauses are sometimes included in subcontracts and state that a general contractor has no duty to pay a subcontractor until the general contractor has been paid by the owner for the work performed by..., Case Law Alert - 1st Qtr 2011

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