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Law Alerts January 1, 2011
The plaintiff alleged that two police officers violated his civil rights pursuant to 42 U.S.C. § 1983. A jury returned a verdict that found that the officers did, in fact, violate his civil rights but did not cause injury to the plaintiff. The jury..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The claimant was injured while working for an employer that was under sub-contract with a general contractor, and the claimant was paid benefits. Later, the case was mediated, and an agreement was reached to settle the claim. At the mediation...
Law Alerts January 1, 2011
This case involved three petitions filed on behalf of the claimant alleging a 54 percent permanent impairment to both lungs resulting from occupational exposure to asbestos that he suffered while working as a union laborer at a refinery. The...
Law Alerts January 1, 2011
While employed in a managerial capacity by Van Hydraulics, Inc., the plaintiff used a company-owned pick-up truck insured by the defendant, Allstate Insurance Company. While the plaintiff was driving the pick-up truck to his office from his home, he..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
In this case, following the claimant's work injury, she returned to light-duty work for the employer. Thereafter, while traveling to an appointment for treatment for her work-related injury, the claimant was involved in a car accident and sustained...
Law Alerts January 1, 2011
An insurer asserted that the cooperation clause of the original policies of insurance bound the assignee and supported broad discovery demands against same. However, the assignment of rights of recovery under an insurance policy does not necessitate..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
In this construction contract dispute, the court awarded prejudgment interest, but not attorneys fees, to a roofing contractor under the Delaware Construction Prompt Payment Act, 6 Del. C. § 3506 where the owner failed to give specific notice within..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
Phyllis Frazier contracted COPD almost 20 years ago and required oxygen to breathe, despite undergoing a lung transplant. The jury agreed that a smoking addiction was the legal cause of her injury but concluded that she should have known prior to..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
Section 306 (a.2) of the Act authorizes an automatic change of disability status from total to partial when an employer obtains an Impairment Rating Evaluation ("IRE") within 60 days after a claimant has received 104 weeks of total...
Law Alerts January 1, 2011
The plaintiff argued that his employment was terminated in retaliation for filing a prior administrative complaint and federal lawsuit against his employer, which alleged age discrimination. Specifically, the plaintiff filed his charge of..., Case Law Alert - 1st Qtr 2011

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