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Delaware Automobile Liability April 1, 2010
An underinsured driver struck the insured-plaintiff's vehicle. The insured tendered bodily injury policy limits to her insurer, State Farm. The insured then offered, in writing, to settle with the insurer and kept the offer open for 30 days. When..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Workers' Compensation April 1, 2010
This is a case that was reconsidered by the Commonwealth Court after the court granted a Petition for Reconsideration of a July 29, 2000, opinion. In this case, following the claimant's work injury, a Functional Capacity Evaluation ("FCE") was...
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
Ohio Employment Law April 1, 2010
Chapter 4115 of the Ohio Revised Code requires contractors and others to pay prevailing wages on construction projects involving public improvements. Section 4115.13(C) provides that employees who were paid less than the prevailing wage in such..., Case Law Alert - 2nd Qtr 2010
Federal Employment Law April 1, 2010
The Third Circuit Court of Appeals held—in a matter of first impression—that a plaintiff can establish that they were incapacitated for three consecutive days and, therefore, suffered from a "serious health condition" pursuant to the Family and..., Case Law Alert - 2nd Qtr 2010
Ohio Employment Law April 1, 2010
Most Ohio promissory estoppel and fraud claims brought by employees against employers have foundered on the element of detrimental reliance ever since the Ohio Supreme Court established strict guidelines for establishing detrimental reliance in Wing..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Workers' Compensation April 1, 2010
The Court upheld a suspension of benefits where the claimant refused to undergo a detoxification program that would wean her off toxic doses of medication taken for the work injury. The employer petitioned to terminate compensation benefits the...
Pennsylvania Workers' Compensation April 1, 2010
In a case of first impression, the Commonwealth Court held that a workers' compensation judge has discretion under §314 (a) of the Act to suspend medical benefits, in addition to wage benefits, where a claimant refuses to attend an independent...
Ohio Automobile Liability April 1, 2010
The plaintiff-appellants were injured as a result of the plaintiff's motorcycle collided with a deputy sheriff’s vehicle. The deputy was responding to an emergency call and did not activate his siren, and the record was unclear as to whether he..., Case Law Alert - 2nd Qtr 2010
Federal Employment Law April 1, 2010
The plaintiff filed a lawsuit seeking to certify a collective action pursuant to the Fair Labor Standards Act as a result of her employer's failure to compensate pharmaceutical sales representatives for overtime worked. The lower court dismissed..., Case Law Alert - 2nd Qtr 2010

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