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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...
New Jersey Employment Law July 1, 2011
The plaintiff filed a class action complaint on behalf of similarly situated persons and himself in which he alleged he was not paid overtime in violation of the collective bargaining agreement. The defendant circulated a memorandum to upper..., Case Law Alert - 3rd Qtr 2011
Florida Automobile Liability July 1, 2011
The petitioner motorist sued the respondents driver, lessee and the leasing company, seeking damages for injuries suffered in a motor vehicle accident. The trial court entered summary judgment in favor of the leasing company, ruling that the Graves..., Case Law Alert - 3rd Qtr 2011
Florida Insurance Coverage/Bad Faith Litigation July 1, 2011
The goal of the attorney-client privilege is to encourage full and frank communication between an attorney and his client. While work-product materials pertaining to coverage, benefits, liability, or damages are discoverable in first-party bad faith..., 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
Delaware Workers' Compensation July 1, 2011
This case involved the interpretation of §2311(a)(5) of the Delaware Code which requires contractors on construction sites to obtain from their subcontractors and retain for three years a valid certificate of insurance. The statute provides that the...
Pennsylvania Automobile Liability July 1, 2011
The Superior Court overturned a lower court's ruling granting a motion to dismiss where a party had not been timely served with the motion. The court noted that while Rule 440 allows service of legal papers other than original process to be served..., Case Law Alert - 3rd Qtr 2011
Pennsylvania Employment Law July 1, 2011
The Pennsylvania Superior Court upheld a jury verdict and award in favor of a class of Wal-Mart employees who were allegedly forced to work through their break periods in violation of the company's policy. Specifically, the class of plaintiffs..., Case Law Alert - 3rd Qtr 2011
Federal Public Entity and Civil Rights Litigation July 1, 2011
The District Attorney's office conceded that, in prosecuting the former prisoner for attempted armed robbery, prosecutors failed to disclose evidence that should have been turned over to the defense under Brady v. Maryland. The plaintiff's..., Case Law Alert - 3rd Qtr 2011
New Jersey Workers' Compensation July 1, 2011
The petitioner, a former security officer for the employer, filed a claim with the Division of Workers' Compensation alleging occupational exposure to stressful working conditions and harassment from her supervisor. In support of her claim, the...

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