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Pennsylvania Workers' Compensation January 1, 2010
In this case, following her work injury, the claimant underwent an Impairment Rating Evaluation ("IRE"). The IRE physician determined that the claimant had an impairment rating of 15%. The employer then issued a Notice of Change of Workers’...
Pennsylvania Health Care Liability January 1, 2010
Interpreting the Fraud and Abuse Control Act, the Pennsylvania Supreme Court held the Department of Public Welfare ("DPW") is entitled to recover amounts paid for medical expenses of an incapacitated minor in claims where the parent's or guardian's..., Case Law Alert - 1st Qtr 2010
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
New York Automobile Liability January 1, 2010
The plaintiff moved for summary judgment in this no-fault action arising from a pedestrian "knockdown" accident. The defendant requested to respond to the plaintiff's discovery demands. The plaintiff submitted claims on behalf of its assignor, and..., 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
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 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
Federal Public Entity and Civil Rights Litigation January 1, 2010
The plaintiff mother, individually and as the Administratrix of her deceased son's estate, sued the defendants, a police officer, a police commissioner and a city, asserting excessive force claims under 42 U.S.C.S. § 1983and U.S. Const. amend. IV,..., 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
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


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