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Law Alerts April 1, 2010
The claimant, a licensed practical nurse, developed an infection of her left eye in 1980 when a patient with herpes simplex virus coughed, causing sputum to spray into her eye. The infection and associated loss of vision returned numerous times over...
Law Alerts April 1, 2010
The plaintiff filed a lawsuit seeking to certify a collective action pursuant to the Fair Labor Standards Act as a result of her employer's failure to compensate pharmaceutical sales representatives for overtime worked. The lower court dismissed..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
Most Ohio promissory estoppel and fraud claims brought by employees against employers have foundered on the element of detrimental reliance ever since the Ohio Supreme Court established strict guidelines for establishing detrimental reliance in Wing..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
The plaintiff served a notice of intent to initiate litigation for medical malpractice against a pediatric neurologist and, upon the completion of the pre-suit period, filed suit against the neurologist. Thereafter, the plaintiff filed an amended..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
This is a case that was reconsidered by the Commonwealth Court after the court granted a Petition for Reconsideration of a July 29, 2000, opinion. In this case, following the claimant's work injury, a Functional Capacity Evaluation ("FCE") was...
Law Alerts April 1, 2010
The Third Circuit Court of Appeals held—in a matter of first impression—that a plaintiff can establish that they were incapacitated for three consecutive days and, therefore, suffered from a "serious health condition" pursuant to the Family and..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
An underinsured driver struck the insured-plaintiff's vehicle. The insured tendered bodily injury policy limits to her insurer, State Farm. The insured then offered, in writing, to settle with the insurer and kept the offer open for 30 days. When..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
Florida has a notice and Right to Repair statute, F.S. 558, et seq, which was first promulgated in 2003. The Legislature enacted this statute to allow for the notification of potential construction defect claims prior to litigation. It also gave the..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
The Florida Supreme Court was called upon to decide whether a physician's pre-delivery notice to his or her patient of the plan and his or her participation in the plan satisfy the notice requirements if the hospital where the delivery takes place..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
The plaintiff, Alex Pluchino, then 16 years old, was severely injured in an automobile accident after leaving football practice at Rutherford High School (RHS) in a car driven by third-party defendant Jason Bille, a fellow team member. The plaintiff..., Case Law Alert - 2nd Qtr 2010

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