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Pennsylvania Workers' Compensation July 1, 2010
Since the decisions in Schenck v. WCAB (Ford Electronics), 937 A.2d 1156 (Pa. Cmwlth. 2007), and Bucks County Community College v. WCAB (Nemes), 918 A.2d 150 (Pa. Cmwlth. 2007), employers have been faced with the challenge that a utilization review...
Florida Architectural, Engineering and Construction Defect Litigation July 1, 2010
The Supreme Court of Florida found that the economic loss rule does not preclude an action by fishermen against polluters who damaged the fishing industry in Tampa Bay. Further, the Court found that the polluters owed a special duty of care to the..., Case Law Alert - 3rd Qtr 2010
Pennsylvania Workers' Compensation July 1, 2010
In this case, the Commonwealth Court reinforced the recent Supreme Court decision in Cinram Manufacturing, Inc. v. WCAB (Hill), 975 A.2d 577 (Pa. 2009), that a workers' compensation judge may expand the scope of the accepted injury without a claim...
New Jersey Employment Law July 1, 2010
The plaintiff had a history of depression and was taking medicine which made her fall into a deep sleep and from which she had difficulty awakening in the morning. The plaintiff sought permission to report to work 15-30 minutes late and to be..., Case Law Alert - 3rd Qtr 2010
Federal Employment Law July 1, 2010
In New Process Steel, the Supreme Court determined that the National Labor Relations Board ("NLRB") did not have the authority to issue orders when the Board was comprised of only two members between January 2, 2008, through March 27, 2010..., Case Law Alert - 3rd Qtr 2010
New Jersey Employment Law July 1, 2010
The plaintiff alleged sex and sexual orientation discrimination and retaliation stemming from her employment with New Jersey Transit. In discovery the plaintiff sought various reports prepared by New Jersey Transit concerning the analysis of..., Case Law Alert - 3rd Qtr 2010
Pennsylvania Health Care Liability July 1, 2010
This case involved the interpretation of Sections 512(c) and (e) of the MCARE Act regarding standard of care testimony in a medical malpractice matter. Relying on dicta in Gbur v. Golio, 963 A.2d 443, 452 (Pa. 2009), the Pennsylvania Supreme Court..., Case Law Alert - 3rd Qtr 2010
Pennsylvania Workers' Compensation July 1, 2010
The Commonwealth Court affirmed a decision of the Workers' Compensation Appeal Board that a medical provider's mailing of a CD-ROM with the claimant's complete records, whose contents were inaccessible to the URO due to an encrypted password that...
Pennsylvania Public Entity and Civil Rights Litigation July 1, 2010
The Third Circuit faced a challenge to the district court's grant of summary judgment in favor of the officer in an inmate's 42 U.S.C. section 1983 suit claiming denial of prompt medical treatment. The plaintiff alleged that the defendant..., Case Law Alert - 3rd Qtr 2010
New Jersey Public Entity and Civil Rights Litigation July 1, 2010
The New Jersey Appellate Court held that the New Jersey State League of Municipalities is not a government agency and, therefore, its internal documents are not subject to public scrutiny under the Open Public Records Act., Case Law Alert - 3rd Qtr 2010

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