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Florida Automobile Liability January 1, 2011
The plaintiffs' settled a wrongful death claim against a nursing home. The defendant, the Secretary of the Department of Health and Human Services ("HHS"), sought reimbursement for medical payments made on behalf of the decedent. The estate paid..., Case Law Alert - 1st Qtr 2011
Delaware Health Care Liability January 1, 2011
Where the plaintiffs had effectively tolled an extension to the statute of limitations period by 90 days, despite a failure to satisfy a "special rule of pleading," the Delaware Supreme Court reversed and remanded the trial court's denial of the..., Case Law Alert - 1st Qtr 2011
New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2011
This case dealt with a dispute when a homeowner stopped making payments to the contractor who was constructing a first-floor extension and second-floor addition. The contractor filed suit, and the homeowner counter-claimed for costs to repair the..., Case Law Alert - 1st Qtr 2011
Florida Product Liability January 1, 2011
Lenny Budnick was a musician who contracted lung cancer and emphysema and died at age 52. The jury concluded that Mr. Budnick smoked because he wanted to, not because he was addicted., Case Law Alert - 1st Qtr 2011
New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2011
In this case, the homeowner was alleging a breach of contract for the repair and remodeling of a home. The homeowner’s arbitration demand named both the contracting company as well as its owner individually. The owner never objected to his personal..., Case Law Alert - 1st Qtr 2011
Florida Trucking & Transportation Liability January 1, 2011
The Florida Supreme Court recently amended the Florida Rules of Civil Procedure. The changes take effect on January 1, 2011, at 12:01 a.m. Here are some of the most significant amendments to the Rules. New Rule 1.071 provides the procedure for..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The claimant worked as a manager in the commissary of the Camp Hill State Correctional Facility. She was identified on a "hit list" created by the prisoners and was verbally assaulted by inmates. She filed a psychiatric claim, which was accepted as...
Pennsylvania Employment Law January 1, 2011
The Pennsylvania Supreme Court was required to determine whether a third-party agency employer qualifies for the domestic services exemption and, therefore, was exempt from paying its home health aides overtime. Domestic service is defined as "work..., Case Law Alert - 1st Qtr 2011
Federal Employment Law January 1, 2011
The plaintiff argued that his employment was terminated in retaliation for filing a prior administrative complaint and federal lawsuit against his employer, which alleged age discrimination. Specifically, the plaintiff filed his charge of..., Case Law Alert - 1st Qtr 2011
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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