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Pennsylvania Workers' Compensation July 1, 2010
In this case, the Commonwealth Court reinforced the recent Supreme Court decision in Cinram Manufacturing, Inc. v. WCAB (Hill), 975 A.2d 577 (Pa. 2009), that a workers' compensation judge may expand the scope of the accepted injury without a claim...
New Jersey Workers' Compensation July 1, 2010
In April of 2000, the petitioner, a resident of Staten Island, New York, applied for a full-time position with United Parcel Service ("UPS") as a package delivery driver. The petitioner's interview and requisite physical examination were conducted...
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
Pennsylvania Workers' Compensation July 1, 2010
The Commonwealth Court affirmed a decision of the Workers' Compensation Appeal Board that a medical provider's mailing of a CD-ROM with the claimant's complete records, whose contents were inaccessible to the URO due to an encrypted password that...
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
Pennsylvania Public Entity and Civil Rights Litigation July 1, 2010
The Third Circuit faced a challenge to the district court's grant of summary judgment in favor of the officer in an inmate's 42 U.S.C. section 1983 suit claiming denial of prompt medical treatment. The plaintiff alleged that the defendant..., Case Law Alert - 3rd Qtr 2010
Florida Professional Liability July 1, 2010
The Florida Supreme Court answered the question of "whether a non-resident commits a tortious act within Florida for purposes of the Long-Arm Statute (F.S. 48.193(1)(b) when he/she makes allegedly defamatory statements about a company with its..., Case Law Alert - 3rd Qtr 2010
Pennsylvania Workers' Compensation July 1, 2010
Since the decisions in Schenck v. WCAB (Ford Electronics), 937 A.2d 1156 (Pa. Cmwlth. 2007), and Bucks County Community College v. WCAB (Nemes), 918 A.2d 150 (Pa. Cmwlth. 2007), employers have been faced with the challenge that a utilization review...
New Jersey Employment Law July 1, 2010
After working for the college for 26 years, and under a number of consecutive contracts, the plaintiff was advised that her contract of employment would not be renewed. The plaintiff filed a lawsuit under the New Jersey Law Against Discrimination..., Case Law Alert - 3rd Qtr 2010
Florida Architectural, Engineering and Construction Defect Litigation July 1, 2010
The Supreme Court of Florida found that the economic loss rule does not preclude an action by fishermen against polluters who damaged the fishing industry in Tampa Bay. Further, the Court found that the polluters owed a special duty of care to the..., Case Law Alert - 3rd Qtr 2010

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