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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
Florida Health Care Liability April 1, 2010
The plaintiff served a notice of intent to initiate litigation for medical malpractice against a pediatric neurologist and, upon the completion of the pre-suit period, filed suit against the neurologist. Thereafter, the plaintiff filed an amended..., Case Law Alert - 2nd Qtr 2010
Florida Health Care Liability April 1, 2010
The nursing home resident's treating physician's deposition was read into evidence at trial. In the deposition the physician opined that Delta (Nursing Home) was not negligent in its care of the resident. The Second District Court of Appeal held..., Case Law Alert - 2nd Qtr 2010
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 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
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
Florida Trucking & Transportation Liability April 1, 2010
The decedent died in a motor vehicle collision with a truck operated by the defendant, a Kuwaiti transport company in Iraq. The decedent's estate filed a tort law claim in District Court. The defendant retained American counsel; however, counsel did..., Case Law Alert - 2nd Qtr 2010
Delaware Workers' Compensation April 1, 2010
The claimant sustained a compensable right wrist injury in March 2006 while throwing a piece of black top. His medical treatment required four surgeries. The employer filed a termination petition in November 2008, and the Board granted it as of the...
Pennsylvania Automobile Liability April 1, 2010
The plaintiff's decedent lost control of her motor vehicle on a snow-covered road and struck a wooden utility pole. The plaintiff sued Verizon-Pennsylvania alleging that the utility pole was negligently placed and managed. Verizon joined..., Case Law Alert - 2nd Qtr 2010
New York Trucking & Transportation Liability April 1, 2010
A 1989 state court order directed Conrail to restore and maintain a rail crossing on the plaintiff's land. Under the order, Conrail, and successor CSX Transportation Inc., have maintained and improved the crossing. In 1994, New York's Legislature..., Case Law Alert - 2nd Qtr 2010


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