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Delaware Workers' Compensation January 1, 2011
This case involved three petitions filed on behalf of the claimant alleging a 54 percent permanent impairment to both lungs resulting from occupational exposure to asbestos that he suffered while working as a union laborer at a refinery. The...
New Jersey Employment Law January 1, 2011
The plaintiff was employed by the sheriff's department. After being laid off, he sought relief before the Civil Service Commission where his claim was denied. The plaintiff did not appeal this decision but, instead, filed suit in the Superior Court..., Case Law Alert - 1st Qtr 2011
Florida Automobile Liability January 1, 2011
The plaintiffs' settled a wrongful death claim against a nursing home. The defendant, the Secretary of the Department of Health and Human Services ("HHS"), sought reimbursement for medical payments made on behalf of the decedent. The estate paid..., 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
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
Pennsylvania Workers' Compensation January 1, 2011
The claimant worked as a manager in the commissary of the Camp Hill State Correctional Facility. She was identified on a "hit list" created by the prisoners and was verbally assaulted by inmates. She filed a psychiatric claim, which was accepted as...
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
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


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