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Delaware Professional Liability January 1, 2010
A law firm may recover fees for legal services, as set forth in an unsigned contract, if there was a meeting of the minds as to the terms of the agreement. The court explained that language or actions can demonstrate a meeting of the minds; it need..., Case Law Alert - 1st Qtr 2010
Federal Employment Law January 1, 2010
In Seybert, the plaintiff sought to exclude the introduction of a number of her email exchanges, which involved sexual content, pursuant to Federal Rule of Evidence 412. After an in camera review, the court denied the plaintiff's motion, holding..., Case Law Alert - 1st Qtr 2010
Ohio Employment Law January 1, 2010
The syllabus of the Ohio Supreme Court decision in Bickers v. W. & S. Life Insurance Co., 116 Ohio St.3d 351, 2007 Ohio 6751, 879 N.E.2d 201 (2007), stated, in pertinent part, that "[a]n employee who is terminated from employment while..., Case Law Alert - 1st Qtr 2010
New Jersey Employment Law January 1, 2010
The plaintiff was employed as a driver/guard and requested FMLA leave following coronary by-pass surgery. The plaintiff was granted the FMLA leave but was unable to return to his full duties at the end of the full leave period and was terminated. He..., Case Law Alert - 1st Qtr 2010
Delaware General Liability January 1, 2010
The case arose out of a rear-end automobile collision which allegedly caused personal injury to the plaintiff. The defendant engaged an expert to examine the plaintiff and to offer opinions at trial regarding the extent to which the automobile..., Case Law Alert - 1st Qtr 2010
New Jersey Fraud/Special Investigation January 1, 2010
An insurer does not have the right to take a credit as part of its reduction from a DRP's award for payment of fees that it made to the preferred provider organization because that payment was not the payment of a benefit to the injured party., Case Law Alert - 1st Qtr 2010
New Jersey Health Care Liability January 1, 2010
The Appellate Division upheld the dismissal of the plaintiff's wrongful death complaint because it was filed beyond the applicable statue of limitations. The court rejected the plaintiff's argument that the discovery rule should apply because the..., Case Law Alert - 1st Qtr 2010
Federal Public Entity and Civil Rights Litigation January 1, 2010
The plaintiff, a state trooper, pulled over a car for speeding. The driver of the car was the wife of a PSP Lieutenant, Sheow Lt. Barilar. Jennifer Barilar asked if it would make a difference in the plaintiff's decision to issue a citation if her..., Case Law Alert - 1st Qtr 2010
New Jersey Automobile Liability January 1, 2010
This action stemmed from a motor vehicle accident in which the plaintiff’s vehicle was struck head-on by the defendant's. The jury found the defendant to have been negligent and awarded plaintiff $1 million for pain and suffering, $110,000..., Case Law Alert - 1st Qtr 2010
Delaware Workers' Compensation January 1, 2010
The claimant was injured while working for his employer Wilson Builders, which was the subcontractor at a residential construction site. Wilson had contracted with Country Life as the general contractor to obtain liability and workers' compensation...

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