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Federal Employment Law July 1, 2010
The plaintiff filed a claim under the Americans with Disabilities Act ("ADA") following his termination from employment, arguing that the side effects of medications he was taking to treat his obesity and sleep apnea were "impairments" under the ADA..., Case Law Alert - 3rd Qtr 2010
New Jersey Public Entity and Civil Rights Litigation July 1, 2010
The plaintiff worked for the public entity Mercer County Community College for approximately 25 years, each year working on a yearly contract that had to be renewed for her to work the next year. In June 2005, the plaintiff was over 70 years old,..., Case Law Alert - 3rd Qtr 2010
Delaware Workers' Compensation July 1, 2010
The claimant sustained a low back injury on May 21, 2008, which was accepted as compensable by the employer. The claimant was paid compensation for total disability and certain medical expenses. Eventually, after failing conservative care, the...
Federal Employment Law July 1, 2010
The Supreme Court was tasked with determining whether a government employer's search of an employee's text messages was reasonable or in violation of the Fourth Amendment. There, the police department issued pagers to members of the department's..., Case Law Alert - 3rd Qtr 2010
Federal Employment Law July 1, 2010
In Colwell, the plaintiff brought suit against her former employer, alleging that she was constructively discharged in violation of the Americans with Disabilities Act ("ADA") after her store manager failed to allow her to work exclusively during..., Case Law Alert - 3rd Qtr 2010
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
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
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
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...

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