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Pennsylvania Workers' Compensation October 1, 2017
The issues before the Commonwealth Court on appeal were whether the Appeal Board erred: (1) in retroactively applying the Construction Workplace Misclassification Act (CWMA) to determine if the claimant was an independent contractor; and (2) in..., Case Law Alerts, 4th Quarter, October 2017 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, 2017
A hay bale lining the course of a crate derby was hit by a crate that had hit a pothole. Summary judgment as to the defendant was upheld. The court found that the plaintiff had insufficient evidence to establish that the police were tasked with..., Case Law Alerts, 4th Quarter, October 2017 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, 2017
The plaintiff took intermittent FMLA leave due to a degenerative bone disease condition. During one of the plaintiff’s FMLA requested days off (which he requested due to pain), he was arrested and convicted of a DUI. The employer learned of the DUI...,   Case Law Alerts, 4th Quarter, October 2017 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...
Pennsylvania Workers' Compensation October 1, 2017
After her work injury, the claimant was released to work-light duty. She did not experience any time off from work following the injury, and she returned to a modified-duty position with the employer in the pre-injury Telemetry Unit with no loss of..., Case Law Alerts, 4th Quarter, October 2017 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, 2017
The accident occurred during a high school graduation party being held by a homeowner, who was called away for a work obligation. The homeowner contended that the “house rules” included that no one was to go on the trampoline. The..., Case Law Alerts, 4th Quarter, October 2017 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, 2017
The plaintiff was presented with the employer’s new mandatory arbitration policy via an electronic upload. The plaintiff clicked the box that indicated he read and understood the policy. The box, however, did not specifically state that the..., Case Law Alerts, 4th Quarter, October 2017 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 Workers' Compensation October 1, 2017
The Workers’ Compensation Judge granted the claim petition, finding that the claimant was a traveling employee and furthering the employer’s business. The judge further found that the claimant did not intentionally or deliberately..., Case Law Alerts, 4th Quarter, October 2017 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, 2017
A dinner guest’s lawsuit for failure to warn of a dangerous condition was dismissed. The plaintiff alleged that she tripped over the host’s sleeping dog while carrying a wine glass. The wine glass broke, and her finger was imbedded with..., Case Law Alerts, 4th Quarter, October 2017 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, 2017
The plaintiff, an investigator with the Pennsylvania Human Relations Commission, alleged that her supervisors subjected her to harassment on the basis of her race and constructively discharged her, in violation of Title VII and the Americans with..., Case Law Alerts, 4th Quarter, October 2017 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 Workers' Compensation October 1, 2017
The claimant sustained a work injury in June 2010, which was acknowledged by the employer. The claimant’s average weekly wage was $1,273.59, and his compensation rate was $845 per week. In February 2012, the employer issued a notice of worker..., Case Law Alerts, 4th Quarter, October 2017 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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