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Florida Health Care Liability April 1, 2010
The Fifth District Court of Appeals found that a durable power of attorney was broad enough to authorize the nursing home resident's daughter to enter into an agreement for binding arbitration. The durable power of attorney granted the daughter the..., Case Law Alert - 2nd Qtr 2010
Delaware Workers' Compensation April 1, 2010
The claimant sustained a compensable work injury to his back on August 27, 2007, and later had two surgeries performed to his low back. The employer paid for the first surgery but not the second one. The claimant filed a petition for medical...
New York Trucking & Transportation Liability April 1, 2010
A 1989 state court order directed Conrail to restore and maintain a rail crossing on the plaintiff's land. Under the order, Conrail, and successor CSX Transportation Inc., have maintained and improved the crossing. In 1994, New York's Legislature..., Case Law Alert - 2nd Qtr 2010
Federal Employment Law April 1, 2010
In Keyes, the plaintiff filed a lawsuit against his former employer, alleging that they terminated his employment in violation of the Americans with Disabilities Act. Specifically, the plaintiff alleged that he was provided with a verbal warning and..., Case Law Alert - 2nd Qtr 2010
Florida Health Care Liability April 1, 2010
The Supreme Court found that the District Court erred in granting a new trial on the basis of an improper argument by plaintiff's counsel during closing argument. During closing argument, plaintiff's counsel began to argue that the defendant-doctor..., Case Law Alert - 2nd Qtr 2010
New Jersey Workers' Compensation April 1, 2010
The petitioner was a master plumber and foreman with the respondent, Barnickel Enterprises, Inc. As a privilege of his employment, the petitioner was authorized by the respondent to utilize a company vehicle to drive to and from home and between job...
Federal Employment Law April 1, 2010
In Sanchez, the plaintiff alleged that his supervisor made six derogatory comments about his national origin over a six-year time frame and filed suit for, among other claims, violation of Title VII in the creation of a hostile work environment. In..., Case Law Alert - 2nd Qtr 2010
Florida Automobile Liability April 1, 2010
The plaintiff insurance company brought a declaratory judgment action against the insureds where the plaintiff sought an order that it had no duty to indemnify the insured to a consent judgment entered against them in an underlying lawsuit. The..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Professional Liability April 1, 2010
The plaintiff was represented by his former attorneys at a hearing to invalidate a Property Settlement Agreement he entered into with his wife. At the hearing, the plaintiff claimed that his former attorneys failed to call relevant witnesses, which..., Case Law Alert - 2nd Qtr 2010
New Jersey Fraud/Special Investigation April 1, 2010
Where the plaintiff's action seeking a declaration that it had no obligation to provide the defendant with personal injury protection benefits or to defend and indemnify her on claims arising from her operation of a car insured by it resulted in a..., Case Law Alert - 2nd Qtr 2010

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