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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...
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
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
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
Florida Real Estate E&O Liability April 1, 2010
In the state of Florida's first reverse foreclosure, a Miami-Dade Circuit Court judge has forced a bank to take title to a property from a homeowners association. A reverse foreclosure is a new tool that can force banks to pay association..., 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...
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

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