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Florida Workers' Compensation October 1, 2019
The First District Court of Appeals reversed and remanded the Judge of Compensation Claim’s ruling that allowed the employer to select an anesthesiologist for the claimant’s one-time change request from a physical medicine and..., Case Law Alerts, 4th Quarter, October 2019 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...
New Jersey Amusements, Sports and Recreation Liability October 1, 2019
The guitarist pled guilty to lewdness observed by a child. The plaintiff’s complaint against the band did not allege that any other defendants had knowledge of the guitar player’s conduct, including video chatting and an alleged assault..., Case Law Alerts, 4th Quarter, October 2019 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...
Pennsylvania Health Care Liability October 1, 2019
In this recent decision by the Pennsylvania Supreme Court, it was ruled that evidence of the risks and complications of a surgery may be admissible at trial. The care at issue involved a laparoscopic hysterectomy, which resulted in a cut in the..., Case Law Alerts, 4th Quarter, October 2019 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...
Florida Workers' Compensation October 1, 2019
This case was bifurcated on the issue of compensability, specifically to determine whether the claimant was working as an independent contractor or as an employee of the condominium association at the time of his accident. The judge of compensation..., Case Law Alerts, 4th Quarter, October 2019 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...
New Jersey Amusements, Sports and Recreation Liability October 1, 2019
Summary judgment was denied without prejudice for a claim of slip and fall in a men’s room located outside a pool. The court found that both the defendant’s argument that the plaintiff must prove notice, and the plaintiff’s..., Case Law Alerts, 4th Quarter, October 2019 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...
Federal Employment Law October 1, 2019
In this Fair Labor Standards Act (FLSA) class action, the District Court granted summary judgment in favor of the defendant, applying a two-year statute of limitations because the judge found no willful violation of the FSLA. Under the FLSA,..., Case Law Alerts, 4th Quarter, October 2019 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...
Florida Workers' Compensation October 1, 2019
The Judge of Compensation Claims held that the claimant’s mention of an expert medical advisor (EMA) during opening and closing arguments did not constitute a timely request. Florida case law instructs that such requests must be made on a..., Case Law Alerts, 4th Quarter, October 2019 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...
Delaware Automobile Liability October 1, 2019
The plaintiff alleged that he was injured after stepping into a drainage hole while cleaning his vehicle at a self-serve car wash. He used a power washer to remove pollen and debris from the motor and radiator of his vehicle. The vehicle was running..., Case Law Alerts, 4th Quarter, October 2019 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...
New Jersey Employment Law October 1, 2019
The plaintiff was diagnosed with gender dysphoria and alleged that he was denied the ability and opportunity to schedule his hysterectomy at the defendant’s facility for discriminatory reasons. He sought compensatory and punitive damages,..., Case Law Alerts, 4th Quarter, October 2019 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...
Florida Workers' Compensation October 1, 2019
The claimant appealed an order denying her claim for temporary disability benefits. The court affirmed the Judge of Compensation Claims but wrote to address the claimant’s assertion that section 440.13(4)(c), Florida Statutes (2013), allowing..., Case Law Alerts, 4th Quarter, October 2019 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...

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