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Pennsylvania Professional Liability April 1, 2011
Previously there had been disagreement as to whether a plaintiff was required to file a Certificate of Merit at the pleadings stages of a case in which the plaintiff alleges that an attorney wrongfully initiated or continued civil proceedings..., Case Law Alert - 2nd Qtr 2011
Pennsylvania Insurance Coverage/Bad Faith Litigation April 1, 2011
Federal courts use a two-part analysis when considering a Rule 12(b)(6) motion: (1) separating facts averred from legal conclusions asserted and (2) whether the facts alleged are sufficient to show a plausible claim for relief. Bad faith claims..., Case Law Alert - 2nd Qtr 2011
Pennsylvania Workers' Compensation April 1, 2011
Following the claimant's work injury, the employer requested an Impairment Rating Examination (IRE) within the time frame that would allow the employer to obtain self-executing relief. The results of the evaluation were that the claimant had a 13%...
Pennsylvania Professional Liability April 1, 2011
This case arose out of a CEO's looting of a corporation, resulting in the involuntary bankruptcy of the corporation and the liquidation of its assets. The corporation was owned by two groups of equity holders, the first being the CEO, who was..., Case Law Alert - 2nd Qtr 2011
Florida Insurance Coverage/Bad Faith Litigation January 1, 2011
The plaintiffs alleged bodily injury and property damage resulting from the defendants’ pollution of groundwater and soil with hazardous toxic chemicals. Though the complaint pled multiple counts of negligence, statutory violations, nuisance and..., Case Law Alert - 1st Qtr 2011
New Jersey Fraud/Special Investigation January 1, 2011
The plaintiff filed this action seeking a declaration of coverage after a jury in the underlying matter convicted the defendant's insured of intentional assault and battery and awarded her $250,000. The defendant had provided a defense after issuing..., Case Law Alert - 1st Qtr 2011
New Jersey Employment Law January 1, 2011
The plaintiff was employed as the defendant's Executive Director of Human Resources. After she was passed over for promotion, she began to copy company documents and provided them to her attorney. The records that were taken included the evaluation..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
In this case, following the claimant's work injury, she returned to light-duty work for the employer. Thereafter, while traveling to an appointment for treatment for her work-related injury, the claimant was involved in a car accident and sustained...
Delaware Workers' Compensation January 1, 2011
This case involved three petitions filed on behalf of the claimant alleging a 54 percent permanent impairment to both lungs resulting from occupational exposure to asbestos that he suffered while working as a union laborer at a refinery. The...
Florida Product Liability January 1, 2011
This case was originally tried in August to a jury that deadlocked. On retrial, the jury found that even though a cigarette addiction was the legal cause of the plaintiff's COPD, she should have known before May 5, 1990, (four years prior to the..., Case Law Alert - 1st Qtr 2011

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