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New Jersey Employment Law April 1, 2018
As part of her wrongful termination claim, the plaintiff, a Latina female, alleged violations of both the Federal Equal Pay Act and the New Jersey Equal Pay Act. In dismissing these claims, Judge Chesler held that the plaintiff’s own..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2018
The Commonwealth court found this was a case of first impression regarding the rights of claimants and employers under § 306(b) of the Act after the Supreme Court’s decision in Phoenixville Hospital v. WCAB (Shoap), 81 A.3d. 830 (Pa...., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Amusements, Sports and Recreation Liability April 1, 2018
The plaintiff suffered serious injuries at an off-road dirt bike race. The defendants, owners and sponsors of the event, moved for summary judgment on the basis that the plaintiff signed a waiver releasing them from liability—both negligence..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Ohio Retail Liability April 1, 2018
Fall incidents in business parking lots present one of the most common types of premises liability claims impacting premises owners large and small. In Hudzik, Ohio’s Eleventh Appellate District applied Ohio’s actual constructive notice..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Ohio Insurance Agents & Brokers Liability April 1, 2018
This Ohio Supreme Court decision involving a dispute between an insurance agent and an insurer has potential implications for claims alleging breach of insurance contracts and breach of the duty of good faith and fair dealing. The court held that..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2018
In County of Allegheny v. WCAB (Parker), 151 A.3d 1210 (Pa.Cmwlth. 2017), the Commonwealth Court held that unreasonable contest attorney’s fees paid by an employer that were ultimately found to be erroneously awarded could be reimbursed to the..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability April 1, 2018
The plaintiff brought suit for injuries sustained when she slipped on a foam ball located on the floor surrounding a ball pit. The court found the attraction of the ball pit is to play in an area overfilled with foam balls; therefore, no reasonable..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Product Liability April 1, 2018
In its landmark 2014 decision, Tincher v. Omega Flex (Tincher I), the Pennsylvania Supreme Court altered the framework for determining when a product is considered defective. Departing from a precedent that had erected a strict barrier between..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
California Insurance Agents & Brokers Liability April 1, 2018
A moving and storage company in California tendered the defense of a personal injury suit to Transguard, which denied coverage. The agent, Maciolek, was alleged to be a representative of Transguard who told the insured that Transguard had accepted..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2018
On appeal to the Commonwealth Court, the claimant argued that the Workers’ Compensation Judge erred in denying his fatal claim petition because there was evidence establishing that, although he was separated from the decedent at the time of..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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