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E.g., 2017-09-20
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E.g., 2017-09-20
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Law Alerts October 1, 2017
In 2014, the Florida Supreme Court held that caps on non-economic damages in medical malpractice actions violate the equal protection clause and are unconstitutional. Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014). However, that...,   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...
Law Alerts October 1, 2017
As to the testimony of the petitioner’s and the respondent’s medical experts, the Judge of Compensation found that, despite a finding of over 100 percent disability on a combined basis, the petitioner’s expert’s report..., 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...
Law Alerts October 1, 2017
The plaintiff was a substitute custodian in the employer’s school district. As a substitute custodian, she could obtain assignments at any school within the school district. In an effort to increase her hours, the plaintiff met with several..., 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...
Law Alerts October 1, 2017
The plaintiff allegedly tripped and fell over a damaged piece of tile in an interior hallway while exiting a Catholic church. When determining whether a defect is trivial as a matter of law, the court is required to look at all of the facts..., 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...
Law Alerts October 1, 2017
The issue before the Delaware Superior Court was whether the Board erred in denying the claimant’s request for reimbursement of his medical expert’s witness fee. On appeal, the court held that the Board correctly identified the issue and..., 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...
Law Alerts October 1, 2017
The Appellate Division, First Department affirmed summary judgment to the restaurant Olive Garden. The plaintiff tripped and fell in the parking lot outside the restaurant. She tripped on two to three decorative stones that were used in landscaping...,   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...
Law Alerts 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...
Law Alerts 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...
Law Alerts 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...
Law Alerts October 1, 2017
In the early morning hours of a Sunday, the plaintiff was the passenger in a vehicle being driven by her son, who committed a traffic violation and refused to pull over, thus initiating a slow-speed pursuit, which led police directly into the heart..., 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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