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New Jersey Insurance Coverage/Bad Faith Litigation April 1, 2011
The plaintiff's employee inadvertently dropped a wrench from the back of a truck he was unloading. The truck involved was covered by the defendant's policy. Generally, a person in the process of unloading cargo from a covered vehicle is considered a..., Case Law Alert - 2nd Qtr 2011
New Jersey Public Entity and Civil Rights Litigation April 1, 2011
The plaintiff alleged that his civil rights were violated pursuant to 42 U.S.C. § 1983 when he was deliberately shot after he had surrendered to police. According to the plaintiff, an officer to whom he complained about the shooting failed to..., Case Law Alert - 2nd Qtr 2011
New Jersey Automobile Liability April 1, 2011
This dispute arises from a motor vehicle accident involving the plaintiff, who was driving a vehicle insured by an automobile insurance policy issued by the defendant, NJ CURE. CURE denied coverage for the plaintiff's PIP claim, citing the plaintiff..., 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...
Pennsylvania Professional Liability April 1, 2011
The Pennsylvania Supreme Court held that "the attorney-client privilege operates in a two-way fashion to protect confidential client-to-attorney communications made for the purpose of obtaining legal advice." Pennsylvania courts had previously been..., Case Law Alert - 2nd Qtr 2011
New York Insurance Coverage/Bad Faith Litigation April 1, 2011
In the framework of insurance contracts, New York law allows for consequential damages upon a breach of good faith and fair dealing only if those damages were contemplated by the parties at the time of or prior to establishing the contract. Moreover..., Case Law Alert - 2nd Qtr 2011
New Jersey Professional Liability April 1, 2011
The entire-controversy doctrine does not require a client to assert legal malpractice claims against his or her attorney in an action which arose from the attorney's alleged negligent advice, even though the attorney has been made a party to that..., Case Law Alert - 2nd Qtr 2011
New Jersey Architectural, Engineering and Construction Defect Litigation April 1, 2011
On Monday, November 15, 2010, the New Jersey Supreme Court issued its decision in this controversial case. The issue in Dean was whether the economic loss doctrine, a judicial construct which bars recovery in tort for damage a product causes only to..., Case Law Alert - 2nd Qtr 2011
New Jersey Employment Law April 1, 2011
The plaintiff sued her employer, alleging a hostile work environment based upon gender and retaliation in violation of the NJLAD. The trial judge dismissed the claim based upon a finding that the employer had in place a comprehensive anti-harassment..., Case Law Alert - 2nd Qtr 2011
Federal Employment Law April 1, 2011
In Thompson, the plaintiff sought protection from Title VII's anti-retaliation provision after his employment was terminated, arguing that the employer terminated his employment because his fiancée filed a complaint of discrimination..., Case Law Alert - 2nd Qtr 2011

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