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Continued expansion of corporate liability and punitive damages against managing entities of nursing homes.
Pennsylvania • Health Care Liability • January 11, 2013
A jury awarded compensatory damages for injuries the deceased suffered as a result of neglect while a resident at the Philadelphia Nursing Home, which was operated by Episcopal Long Term Care. During the trial, but at the close of Episcopal's..., Case Law Alert - 1st Quarter 2013
Burden of proof.
New Jersey • Product Liability • January 11, 2013
The plaintiffs appealed dismissal of their product liability suit at the close of their case. The panel affirmed, finding that the plaintiffs' expert rendered net opinions regarding two alleged defects. The plaintiffs' expert's..., Case Law Alert - 1st Quarter 2013
Employer's suspension of benefits upheld because claimant voluntarily accepted retirement package in which he agreed he was not under duress, was able to work and was not disabled.
Pennsylvania • Workers' Compensation • January 11, 2013
The claimant sustained an acknowledged work injury on September 7, 2005. In May 2006, as a member of the union, the claimant attended a meeting addressing the employers' plan for attrition of the workforce. After the meeting, he accepted a..., Case Law Alert - 1st Quarter 2013
Fair Labor Standards Act settlements must be approved by a court or by the Secretary of Labor in order to be deemed effective.
Federal • Employment Law • January 11, 2013
The plaintiffs filed a collective action pursuant to the Fair Labor Standards Act, alleging the employer failed to pay him and other hourly workers overtime compensation and alleging that he was not paid for hours actually worked. After the lawsuit..., Case Law Alert - 1st Quarter 2013
Plaintiff’s motion to amend complaint to add a bad faith claim was granted where defendant failed to show it would be prejudiced as a result.
Delaware • Insurance Coverage/Bad Faith Litigation • January 11, 2013
NOTE: Opinion has not been released for publication. Until released, it is subject to revision or withdrawal.   Before the Superior Court of Delaware, New Castle was the plaintiff’s motion to amend his complaint to add a bad faith claim..., Case Law Alert - 1st Quarter 2013
Strict Liability.
New Jersey • Product Liability • January 11, 2013
The plaintiff was employed by the Atlantic City Streets Division. He was injured while cleaning a spreader attached to a salt truck. The plaintiff sued Thiele Manufacturing (truck manufacturer) on a strict liability theory. Also, the plaintiff sued..., Case Law Alert - 1st Quarter 2013
An employee's gender discrimination and retaliation claims failed when he was terminated in connection with a harassment complaint issued by a co-worker.
Federal • Employment Law • January 11, 2013
The plaintiff alleged gender discrimination and retaliation in connection with his termination from employment. Specifically, the plaintiff and another co-worker dated for a brief period of time, and they would infrequently socialize outside of work..., Case Law Alert - 1st Quarter 2013
Plaintiff failed to properly plead he suffered an “injury in fact” where his complaint failed to allege he had been billed for unpaid medical expenses.
Delaware • Insurance Coverage/Bad Faith Litigation • January 11, 2013
NOTE: Not precedential opinion   The plaintiff filed a class action suit against the defendant seeking a declaratory judgment that the defendant had violated 21 Del. C. §§ 2118 and 2118B. Section 2118 requires that all vehicle..., Case Law Alert - 1st Quarter 2013
Suit against beam manufacturer and City of Long Beach may go forward.
New York • Product Liability • January 11, 2013
The mother of a child who fractured her arm when she fell from a horizontal beam with a rounded top in a Long Beach playground may go forward with her suit against the beam's manufacturer and the City of Long Beach, even though the beam was not..., Case Law Alert - 1st Quarter 2013
An employee's disability discrimination claim failed where she merely alleged that a co-worker "regarded her" as disabled.
Federal • Employment Law • January 11, 2013
The plaintiff filed a lawsuit alleging that her co-worker's one-time use of a pejorative term with respect to her supported a "regarded as" disability discrimination claim. Specifically, the plaintiff—who is not disabled—..., Case Law Alert - 1st Quarter 2013

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