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Pennsylvania Workers' Compensation April 1, 2010
The claimant testified that he signed up for Social Security old age benefits (he was 67), as well as a pension from the union, following a knee replacement for a work-related injury. The employer filed a suspension petition, arguing that the...
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
Ohio Employment Law April 1, 2010
A juvenile corrections specialist in the Ohio Department of Youth Services filed suit in the Ohio Court of Claims following a collective bargaining arbitration that resulted in a finding that her termination was with just cause. The employee's..., 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
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...
Florida Architectural, Engineering and Construction Defect Litigation April 1, 2010
Florida has a notice and Right to Repair statute, F.S. 558, et seq, which was first promulgated in 2003. The Legislature enacted this statute to allow for the notification of potential construction defect claims prior to litigation. It also gave the..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Workers' Compensation April 1, 2010
In this case, following the claimant's work-related left knee injury, he returned to work for the employer in a light duty capacity. Thereafter, the claimant had knee surgery and was released to return to work with restrictions. The claimant was...
Pennsylvania Architectural, Engineering and Construction Defect Litigation April 1, 2010
The Massachusetts state court recently held that a plaintiff claiming design negligence for the placement of a fence post around a softball diamond could not defeat the defendant's, the architect, Motion for Summary Judgment. The court specifically..., Case Law Alert - 2nd Qtr 2010
New Jersey Employment Law April 1, 2010
Following a jury trial, the plaintiff was awarded $724,000 in economic damages and $500,000 in punitive damages. The jury awarded nothing for emotional distress or for pain and suffering. The evidence at trial was that the plaintiff retired on a..., Case Law Alert - 2nd Qtr 2010

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