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Pennsylvania Architectural, Engineering and Construction Defect Litigation July 1, 2011
The Pennsylvania State Registration Board for Professional Engineers, Land Surveyors, and Geologists ordered this professional to pay a civil penalty for "practicing geology" pursuant to §4(e) (63 P.S. §151(e)) of the..., Case Law Alert - 3rd Qtr 2011
Delaware Insurance Coverage/Bad Faith Litigation July 1, 2011
When determining an insurer's duty to defend and indemnify in a declaratory judgment action, a court looks to the allegations of the complaint and the insurance policy at issue. However, in determining whether an insurer is bound to defend, the..., Case Law Alert - 3rd Qtr 2011
Pennsylvania Public Entity and Civil Rights Litigation July 1, 2011
This case involved a claim by an estate against the County Register and which asserted a claim for losses arising out of the first administrator's handling of the estate. The Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §3172 is a..., Case Law Alert - 3rd Qtr 2011
Pennsylvania Automobile Liability July 1, 2011
The appellant executor appealed a judgment by the Court of Common Pleas, Dauphin County, Civil Division, (Pennsylvania) in favor of the appellees. The executor sought a new trial, claiming that evidence of his decedent's blood alcohol content and..., Case Law Alerts - 3rd Qtr 2011
New York Insurance Coverage/Bad Faith Litigation July 1, 2011
Where an insurer provides a defense without reserving its right to deny coverage, the insurer may be collaterally estopped from denying such coverage later in the case. However, such estoppel is premised upon a showing of detrimental reliance..., Case Law Alert - 3rd Qtr 2011
Delaware Automobile Liability July 1, 2011
The plaintiff was in a motor vehicle accident and settled with the tortfeasor's insurer for the policy limits. The plaintiff claimed she suffered injuries to her neck requiring surgery. Her medical expert testified that the accident necessitated her..., Case Law Alert - 3rd Qtr 2011
New Jersey Workers' Compensation July 1, 2011
The decedent, who was an employee of co-defendant A, was fatally injured during the course of his employment while operating a nail gun manufactured by co-defendant B. The administrator of the decedent's estate filed a complaint against co-...
Federal Employment Law July 1, 2011
The plaintiff filed a wrongful discharge claim against his former employer, alleging his employment was terminated in retaliation for filing a prior lawsuit against his employer, which alleged violations of the Pennsylvania Wage Payment and..., Case Law Alert - 3rd Qtr 2011
New Jersey Employment Law July 1, 2011
The plaintiff sued her employer, alleging wrongful termination and violations of the CEPA and NJLAD. The trial court dismissed the plaintiff's CEPA claims for failure to state a claim. After the conclusion of discovery, the trial judge granted..., Case Law Alert - 3rd Qtr 2011
Pennsylvania Workers' Compensation July 1, 2011
This claimant was not working and was receiving workers' compensation benefits when he obtained a service-connected disability pension from the employer. An independent medical evaluation then determined that the claimant was capable of performing...

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