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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
New York Insurance Coverage/Bad Faith Litigation January 1, 2011
The policy specified that notice of a claim must be given to “any agent of ours” within the state and that such notice must be written. Where the insured provided oral notice of a claim to its insurance broker, who was not an agent of the insurer,..., Case Law Alert - 1st Qtr 2011
Pennsylvania Product Liability January 1, 2011
Summary judgment for manufacturer reversed since a portion of the expert report addressing foot-related safety hazards regarding ATV does not raise a new cause of action after expiration of the statute of limitations when claims alleging absence of..., 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
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
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
Ohio Automobile Liability January 1, 2011
The plaintiff, a decedent's estate administrator ("EA"), filed suit against the defendant, the Ohio State Highway Patrol ("OSHP"), alleging that a trooper was negligent when he arrested the driver of a car in which the decedent was riding and left..., Case Law Alert - 1st Qtr 2011
New Jersey Insurance Coverage/Bad Faith Litigation January 1, 2011
An insurer asserted that the cooperation clause of the original policies of insurance bound the assignee and supported broad discovery demands against same. However, the assignment of rights of recovery under an insurance policy does not necessitate..., 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
New Jersey Employment Law January 1, 2011
The plaintiff, a New Jersey resident with quadriplegia, instituted suit under the ADA and alleged that two Atlantic City hotel/casinos were mandated to remove architectural barriers. The defendants challenged the plaintiff's standing to pursue the..., Case Law Alert - 1st Qtr 2011

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