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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
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
Pennsylvania Workers' Compensation January 1, 2011
The claimant in this case received workers' compensation benefits as a result of the death of her husband. The employer filed a termination petition to stop payment of benefits because the widow was involved in a meretricious relationship with...
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
Delaware Employment Law January 1, 2011
Emmanuel Esaka filed a complaint against Nanticoke Health Services, Inc., Mid-Sussex Medical Center, Inc. The plaintiff alleged he was subjected to discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and the..., Case Law Alert - 1st Qtr 2011
Florida Insurance Coverage/Bad Faith Litigation January 1, 2011
Where the facts developed through discovery ultimately established that only one insurer had a duty to indemnify, the primary insurer was not entitled to recover its defense costs because the allegations in the complaint were sufficient to trigger a..., Case Law Alert - 1st Qtr 2011
Florida Product Liability January 1, 2011
The plaintiff spoke through a hole in his throat as a result of laryngeal cancer surgery and suffered from COPD and other types of cancer as well. The case was originally tried in May 2010, but a mistrial was declared. On retrial, the jury found..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The claimant was a truck driver who was injured in an accident that occurred in Vermont. The claimant received workers' compensation benefits in the state of Ohio. However, the claimant filed a claim petition requesting benefits under the...
Delaware Architectural, Engineering and Construction Defect Litigation January 1, 2011
In this construction contract dispute, the court awarded prejudgment interest, but not attorneys fees, to a roofing contractor under the Delaware Construction Prompt Payment Act, 6 Del. C. § 3506 where the owner failed to give specific notice within..., Case Law Alert - 1st Qtr 2011

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