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Florida Employment Law April 1, 2017
Walker worked for a nursing home facility operated by NP Chipola, LLC, and due to her duties of lifting patients through the years, she required shoulder surgery. The employee notified the employer that she would be out for six months for shoulder..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Amusements, Sports and Recreation Liability April 1, 2017
An exculpatory clause in a membership agreement for a recreational facility, such as a gym, is valid even if the member did not read the agreement before signing it. The court found that the agreement the plaintiff engaged in was a voluntary..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania General Liability April 1, 2017
The defendant college owed the plaintiffs a duty of care in their capacity as intercollegiate athletes engaged in a school-sponsored and supervised sport and was required to have qualified medical personnel to provide adequate treatment in the event..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Employment Law April 1, 2017
In Fry, The United States Supreme Court vacated and remanded a decision that found the plaintiff failed to exhaust the Individuals with Disabilities Educational Act’s (IDEA) procedures prior to filing a lawsuit alleging violations of the..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Amusements, Sports and Recreation Liability April 1, 2017
Summary judgment was affirmed in a claim against a water park for an injury that occurred when a minor came off an inner tube and injured his face and teeth. The court found that the plaintiff failed to establish that coming off an inner tube and..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Hospitality and Liquor Liability April 1, 2017
Police investigation reports regarding ongoing investigations are privileged under the Criminal History Record Information Act and executive privilege. They are not subject to disclosure in civil proceedings.    , Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Employment Law April 1, 2017
The Third Circuit upheld the dismissal of the plaintiff’s FMLA retaliation claim, finding that the plaintiff could not demonstrate that his termination was pretextual in light of the employer’s honest belief that the plaintiff misused..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Amusements, Sports and Recreation Liability April 1, 2017
In a case decided long before the proliferation of trampoline parks, the Superior Court of Pennsylvania felt it was error to exclude an expert’s testimony simply because the trampoline at the defendant’s home was of a “recreational..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Maritime Litigation April 1, 2017
On February 8, 2017, the United States District Court for the District of New Jersey held that it did not have admiralty jurisdiction over a matter involving a contract to lease chassis to a carrier for the transportation of cargo from a railhead to..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Employment Law April 1, 2017
The Third Circuit was tasked to decide a certified question from the district court, namely, “Must a plaintiff plead and prove that he or she was objectively qualified for the position sought” in a failure-to-promote discrimination suit..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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