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Federal Aviation and Complex Litigation April 1, 2010
A Florida appeals court affirmed the grant of summary judgment in favor of an aircraft owner in a wrongful death action, concluding that 49 U.S.C. § 44112 preempts Florida's dangerous instrumentality law. In Florida, the owner of a dangerous..., 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
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...
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
New Jersey Employment Law April 1, 2010
The claimant, a disabled individual who resides in Florida, filed an action against the County and City of Camden alleging that due to architectural barriers he was unable to fully access the services which they offered. The City and County both..., 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
New Jersey Fraud/Special Investigation April 1, 2010
The Appellate Division affirms the judgment finding that the defendants violated the Insurance Fraud Prevention Act and awarded the plaintiff-insurer $175,302.88 in damages, finding that because of the close connection between the facts alleged as..., Case Law Alert - 2nd Qtr 2010
New Jersey Automobile Liability April 1, 2010
Brent Keys underwent a series of spinal treatments as a result of injuries sustained in a motor vehicle accident at the plaintiff's, Fort Lee Surgery Center, facilities. The defendant, Proformance Insurance Company, claimed that this treatment was..., Case Law Alert - 2nd Qtr 2010
New Jersey Public Entity and Civil Rights Litigation April 1, 2010
A Salem County jury found in favor of the plaintiff, a chemical engineer at duPont Chambers Works factory. The plaintiff complained to his superiors about the hazardous qualities of one of the chemicals made at the plant and claimed that his..., Case Law Alert - 2nd Qtr 2010

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