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Ohio Employment Law April 1, 2010
Chapter 4115 of the Ohio Revised Code requires contractors and others to pay prevailing wages on construction projects involving public improvements. Section 4115.13(C) provides that employees who were paid less than the prevailing wage in such..., Case Law Alert - 2nd Qtr 2010
Federal Employment Law April 1, 2010
The Third Circuit Court of Appeals held—in a matter of first impression—that a plaintiff can establish that they were incapacitated for three consecutive days and, therefore, suffered from a "serious health condition" pursuant to the Family and..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Automobile Liability April 1, 2010
The plaintiff's decedent lost control of her motor vehicle on a snow-covered road and struck a wooden utility pole. The plaintiff sued Verizon-Pennsylvania alleging that the utility pole was negligently placed and managed. Verizon joined..., Case Law Alert - 2nd Qtr 2010
New Jersey Fraud/Special Investigation April 1, 2010
Where the plaintiff's action seeking a declaration that it had no obligation to provide the defendant with personal injury protection benefits or to defend and indemnify her on claims arising from her operation of a car insured by it resulted in a..., Case Law Alert - 2nd Qtr 2010
Delaware Workers' Compensation April 1, 2010
The claimant sustained a compensable work injury to his back on August 27, 2007, and later had two surgeries performed to his low back. The employer paid for the first surgery but not the second one. The claimant filed a petition for medical...
New York Trucking & Transportation Liability April 1, 2010
A 1989 state court order directed Conrail to restore and maintain a rail crossing on the plaintiff's land. Under the order, Conrail, and successor CSX Transportation Inc., have maintained and improved the crossing. In 1994, New York's Legislature..., Case Law Alert - 2nd Qtr 2010
Florida Automobile Liability April 1, 2010
The plaintiff insurance company brought a declaratory judgment action against the insureds where the plaintiff sought an order that it had no duty to indemnify the insured to a consent judgment entered against them in an underlying lawsuit. The..., Case Law Alert - 2nd Qtr 2010
Federal Employment Law April 1, 2010
The plaintiff filed a lawsuit seeking to certify a collective action pursuant to the Fair Labor Standards Act as a result of her employer's failure to compensate pharmaceutical sales representatives for overtime worked. The lower court dismissed..., Case Law Alert - 2nd Qtr 2010
Ohio Employment Law April 1, 2010
Most Ohio promissory estoppel and fraud claims brought by employees against employers have foundered on the element of detrimental reliance ever since the Ohio Supreme Court established strict guidelines for establishing detrimental reliance in Wing..., Case Law Alert - 2nd Qtr 2010
Florida Health Care Liability April 1, 2010
The Supreme Court found that the District Court erred in granting a new trial on the basis of an improper argument by plaintiff's counsel during closing argument. During closing argument, plaintiff's counsel began to argue that the defendant-doctor..., Case Law Alert - 2nd Qtr 2010

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