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Law Alerts

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Second opinion referral granted even though workers’ compensation law does not provide for same.
Florida • Workers' Compensation • July 1, 2019
This case involved a claimant with a severe crush injury to his left foot and ankle. The claimant made a claim for authorization for a second opinion with a plastic surgeon. His authorized treating orthopedic surgeon thought he may be a candidate..., Case Law Alerts, 3rd Quarter, July 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 advice...
The Ongoing Storm Doctrine bars defendants’ liability for injuries sustained during ongoing rain storms.
New Jersey • General Liability • July 1, 2019
The plaintiff slipped and fell on a sidewalk owned by the defendant-landlord. Freezing rain had fallen earlier in the day, and at the time of his alleged accident, the plaintiff admits it was “raining lightly[.]” Nonetheless, the..., Case Law Alerts, 3rd Quarter, July 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 advice...
Administrative exhaustion is not jurisdictional for Title VII plaintiffs.
Federal • Employment Law • July 1, 2019
In an unanimous decision, the United States Supreme Court resolved an important question for plaintiffs alleging employment discrimination and/or retaliation under Title VII—is the statute’s administrative exhaustion requirement..., Case Law Alerts, 3rd Quarter, July 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 advice...
First DCA finds that the work-from-home arrangement does not mean that the employer imports the work environment into a claimant’s home and the claimant’s home into the work environment.
Florida • Workers' Compensation • July 1, 2019
The claimant worked as a remote employee. On the date of injury, she took a break from her work to get coffee. As she reached for a cup in her kitchen, she fell over one of her two dogs. In her workers’ compensation claim, she asserted the..., Case Law Alerts, 3rd Quarter, July 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 advice...
The Ongoing Storm Doctrine bars liability again defendant-employer despite plaintiff-employee’s alleged slip and fall during an ongoing storm.
New Jersey • General Liability • July 1, 2019
The plaintiff slipped and fell on ice on the sidewalk as she exited her place of employment and subsequently commenced a personal injury suit. At her deposition, the plaintiff testified that it had started snowing during the day and there was at..., Case Law Alerts, 3rd Quarter, July 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 advice...
Non-compete restrictive covenants are enforceable if they serve a legitimate business reason, but their scope is subject to revision if undue hardship is found.
New Jersey • Employment Law • July 1, 2019
The employer imposed two restrictive covenants on its employees, the first as a condition of hiring and a second, more restrictive covenant, for “high-performing employees” that was a condition of receiving a stock award with the company..., Case Law Alerts, 3rd Quarter, July 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 advice...
Statute of limitations for medial provider applications filed with NJ Division of WC.
New Jersey • Workers' Compensation • July 1, 2019
The Plastic Surgery Center, PA, The Woods O.R., Inc., Steven Paragioudakis, M.D. and Marc Menkowitz, M.D. filed petitions in the Division of Workers’ Compensation for payment of services rendered to employees of Malouf Chevrolet-Cadillac, Inc..., Case Law Alerts, 3rd Quarter, July 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 advice...
Pennsylvania Supreme Court holds that a school can be held liable for injuries resulting from a child injured in gym class while at school, an exception to the governmental immunity given to schools.
Pennsylvania • General Liability • July 1, 2019
Nine-year-old J.B., a minor, was injured during gym class at the Walter G. Smith Elementary School while engaged in a relay race whose boundaries were concrete walls at either end of the school’s gym. The trial court granted the defendants..., Case Law Alerts, 3rd Quarter, July 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 advice...
Non-resident plaintiff may not assert a claim under the NJ LAD when he was not employed in New Jersey but was bringing the suit of discrimination allegations that arose in New Jersey.
New Jersey • Employment Law • July 1, 2019
The plaintiff lived and worked out-of-state but filed a complaint in New Jersey for retaliation and termination under NJ Law Against Discrimination (NJ LAD), alleging the employer’s actions were due to the plaintiff’s complaints about..., Case Law Alerts, 3rd Quarter, July 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 advice...
“Special employees” have limited remedies under the NJ WC Act.
New Jersey • Workers' Compensation • July 1, 2019
The plaintiff worked as a housekeeper for the defendant. Her responsibilities included cleaning residents’ rooms, dusting, mopping and making beds. In or about 2015, the management of Allendale’s housekeeping staff, including hiring,..., Case Law Alerts, 3rd Quarter, July 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 advice...

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