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Don’t rely on counsel’s assertion of agreement to binding arbitration without the clients’ explicit agreement as well.
New Jersey • Amusements, Sports and Recreation Liability • October 1, 2018
The plaintiffs sought an appeal from an order denying reinstatement of a complaint for damages for injuries sustained on an amusement ride. The plaintiffs attempted to reinstate their complaint after they willingly participated in an arbitration..., Case Law Alerts, 4th Quarter, October 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...
Offer of employment is sufficient consideration to support arbitration agreement.
New Jersey • Employment Law • October 1, 2018
On the day that the plaintiff was hired as a delivery person, she was instructed to log-on to the company’s website and complete various documents, including an agreement to arbitrate any employment-related claim in lieu of filing a court..., Case Law Alerts, 4th Quarter, October 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...
A C&R Agreement cannot be used to set aside a fee review determination.
Pennsylvania • Workers' Compensation • October 1, 2018
According to the Commonwealth Court, paragraph 10 of the C&R Agreement—stating that the employer would pay reasonable, necessary and related medical expenses incurred before the hearing date—obligated the employer to pay for the..., Case Law Alerts, 4th Quarter, October 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...
Recklessness is the standard in informal recreational torts, even if the complaint only reads negligence or carelessness.
New Jersey • Amusements, Sports and Recreation Liability • October 1, 2018
The plaintiff appealed summary judgment from a claim of injury when sliding into third base at a junior varsity baseball game. The allegation was that the game was “negligently” supervised. The defendants countered on summary judgment..., Case Law Alerts, 4th Quarter, October 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...
Public policy considerations preclude ability to contract out of punitive damage exposure under the New Jersey Law Against Discrimination.
New Jersey • Employment Law • October 1, 2018
The plaintiff, a human resources specialist, alleged that she was sexually harassed by the Director of Human Resources and her immediate supervisor. The employer sought to dismiss the complaint and to compel arbitration of the claim. The plaintiff..., Case Law Alerts, 4th Quarter, October 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...
Pennsylvania Supreme Court holds that the Construction Workplace Misclassification Act only applies to individuals who work for a business entity that performs construction services, not to an employer that is not in the business of construction.
Pennsylvania • Workers' Compensation • October 1, 2018
The Supreme Court of Pennsylvania affirmed the decision of the Commonwealth Court and agreed with its interpretation of the Construction Workplace Misclassification Act. The Commonwealth Court noted that the dispositive issue was whether the..., Case Law Alerts, 4th Quarter, October 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...
Plaintiff’s personal right not to be negligently injured is not a common right actionable in public nuisance.
New Jersey • Amusements, Sports and Recreation Liability • October 1, 2018
The plaintiff attempted to make a claim for personal injury by arguing a cause of action for private nuisance existed. More specifically, the plaintiff alleged that the defendant had caused an unreasonable interference with the use and enjoyment of..., Case Law Alerts, 4th Quarter, October 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...
Florida’s Second DCA finds that genuine issues of material fact exist with respect to insurer’s duty to defend and indemnify, despite insurer’s claim that the allegations of underlying suit fell under “professional services” exclusion.
Florida • Insurance Coverage/Bad Faith Litigation • October 1, 2018
The plaintiff filed an action against the defendant pharmacy asserting that it negligently caused her injuries. The pharmacy’s insurance company filed a declaratory action against the pharmacy asserting that it did not have a duty to defend or..., Case Law Alerts, 4th Quarter, October 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...
Pennsylvania Supreme Court holds that subrogation of future benefits under Section 319 of the Act does not include medical benefits.
Pennsylvania • Workers' Compensation • October 1, 2018
The Supreme Court held that for purposes of subrogation, the future credit/reimbursement rate percentage applies to future indemnity benefits, not to future medical expenses. The inclusion of the words “installments of compensation” at..., Case Law Alerts, 4th Quarter, October 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...
Plaintiff’s poor memory is insufficient to overcome dismissal for fraud upon the court when he concealed history of chronic back pain.
Florida • Automobile Liability • October 1, 2018
The plaintiff filed a cause of action for negligence as a result of injuries sustained in a motor vehicle accident. During discovery, he disclosed that he sustained an injury to his lower back in the early 1980s, but testified that the injury had..., Case Law Alerts, 4th Quarter, October 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...

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