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Florida Automobile Liability April 1, 2018
In this personal injury case, the driver sought recovery from her uninsured motorist carrier. The jury awarded her damages for future medical expenses. The insurer moved for a new trial or remittitur regarding the award of future medical expenses on..., 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 Employment Law April 1, 2018
The plaintiff was terminated following his refusal to accept a promotion. The job was then offered to another employee. The employer asserted that the plaintiff was no longer needed after he refused the promotion and the other employee accepted it...., 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 Workers' Compensation April 1, 2018
The parties stipulated that the claimant sustained a compensable low back injury and that the employer paid the claimant wages in lieu of compensation up through January 20, 2017. The issue before was whether the claimant was entitled to total..., 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...
Federal Aviation and Complex Litigation April 1, 2018
After remand from the Third Circuit Court of Appeals, Federal Judge Brann held that under the doctrine of “conflict pre-emption,” a manufacturer of aircraft engines could not be held liable under state law theories of 402A product..., 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 Employment Law April 1, 2018
On two occasions the plaintiff’s assistant general manager told plaintiff to “speak English.” The plaintiff reported the comments to the general manager, who spoke to the assistant general manager and issued the assistant general..., 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 Workers' Compensation April 1, 2018
On appeal, the Superior Court made reference to the “going and coming” rule, which provides that injuries resulting from accidents during an employee’s regular travel to and from work are not compensable. There are exceptions to..., 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...
Florida General Liability April 1, 2018
Florida’s Third District Court of Appeals reversed the trial court’s finding that the insurer’s proposal for settlement was not made in good faith. The court found that the insurer had a reasonable basis to conclude its exposure..., 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 Employment Law April 1, 2018
The plaintiff worked as a hostess at a restaurant. During the course of her employment, she overheard her manager use an obscene, sexist term in referring to a group of female customers. The comment wasn’t directed at the plaintiff, nor did..., 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...
Florida Workers' Compensation April 1, 2018
The 1st DCA held that the 120-day defense must be timely and specifically plead by claimants and may not be raised sua sponte by the Judge of Compensation Claims. The court held that the claimant’s pre-existing osteoarthritis was a qualifying..., 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 Fraud/Special Investigation April 1, 2018
The plaintiff brought a complaint against a mail order pharmacy alleging violations under the New Jersey Insurance Fraud Prevention Act (NJIFPA), alleging that it paid in excess of $10 million to the defendant, an unlicensed mail order pharmacy in..., 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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