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New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2010
Once again eschewing rigid application of the New Jersey Affidavit of Merit Statute, NJSA 2A:26- to 29, the New Jersey Supreme Court issued a per curiam affirmation of the Appellate Division's decision in this case. Here, the plaintiffs were a..., Case Law Alert - 1st Qtr 2010
New Jersey Workers' Compensation January 1, 2010
The petitioner was employed as a full-time driver for the respondent, a janitorial supply company, whose sole proprietor and president was John Astrab. The petitioner was responsible for delivering janitorial supplies to the respondent's...
New Jersey Workers' Compensation January 1, 2010
The plaintiff, a Vietnamese immigrant, was employed as a line-worker for the defendant, a manufacturer of baked goods. The plaintiff did not speak, read or understand English. On November 7, 2003, the plaintiff was packaging biscotti as they were...
Pennsylvania Insurance Coverage/Bad Faith Litigation January 1, 2010
On June 5, 2005, the appellant was involved in an automobile accident which he claimed to have sustained injuries. At the time of the accident, he was insured under a policy of insurance with Appellee for $100,000. One year after the accident..., Case Law Alert - 1st Qtr 2010
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
Pennsylvania Insurance Coverage/Bad Faith Litigation January 1, 2010
The appellant sought new insurance policies for two cars that he and his wife owned. He filed an application for insurance with the appellee whereby he signed and submitted a "Rejection of 'Stacked Limits' for Underinsured Motorist Coverage" form,..., 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
Pennsylvania Professional Liability January 1, 2010
Although not binding on Pennsylvania state courts, the United States District Court for the Western District of Pennsylvania has opined that a plaintiff asserting a claim for wrongful use of civil proceedings against an attorney pursuant to 42 Pa.C...., Case Law Alert - 1st Qtr 2010
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 Architectural, Engineering and Construction Defect Litigation January 1, 2010
The decedent died in a work accident when he became trapped in a "dog box" in a power plant that was designed by the defendant. The plaintiff's complaint alleged negligence, breach of warranty, and strict products liability against the defendant, a..., Case Law Alert - 1st Qtr 2010

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