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Pennsylvania Automobile Liability April 1, 2011
The Superior Court has recently rendered a decision concerning the calculation of delay damages that insurers and their counsel should now consider in valuing a claim prior to trial. An insurer is liable for delay damages (pre-verdict interest)..., 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
The claimant, who was employed as a cook with the employer's food service department, also worked in the employer's housing department during the summer. On the day of his injury, he was cleaning dorm rooms. While walking from a dorm to the dining...
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 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
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 Workers' Compensation April 1, 2011
The claimant was injured in a car accident while working as a probation officer. She began treating with a panel chiropractor, who subsequently found her to be fully recovered from the work-related strains and sprains as of October 19, 1995. However...
New Jersey Workers' Compensation April 1, 2011
The petitioner, a tree service technician, was a full-time employee of a tree service company who occasionally did subcontracting work for the respondent. During a long period of time during which the employer had no work, the petitioner solicited..., Case Law Alert - 2nd Qtr 2011
Pennsylvania Workers' Compensation April 1, 2011
Following the claimant's work injury, the employer filed a petition to terminate the claimant's benefits. The claimant challenged the petition and also filed a Review Petition, seeking to expand the nature of the work injury to include...
New Jersey Employment Law April 1, 2011
Following a jury trial on the plaintiff's NJLAD claim alleging gender discrimination, the jury found for the plaintiff on her claim of discrimination, but rejected her claim of intentional infliction of emotional distress and also rejected her claim..., Case Law Alert - 2nd Qtr 2011

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