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Law Alerts April 1, 2011
The entire-controversy doctrine does not require a client to assert legal malpractice claims against his or her attorney in an action which arose from the attorney's alleged negligent advice, even though the attorney has been made a party to that..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
A claim and penalty petition were denied by the workers' compensation judge and affirmed by the Appeal Board and Commonwealth Court. The workers' compensation judge had found that the claimant failed to establish through substantial, credible...
Law Alerts April 1, 2011
The plaintiff injured his hand while in the course and scope of his employment with C..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
Federal courts use a two-part analysis when considering a Rule 12(b)(6) motion: (1) separating facts averred from legal conclusions asserted and (2) whether the facts alleged are sufficient to show a plausible claim for relief. Bad faith claims..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
On Monday, November 15, 2010, the New Jersey Supreme Court issued its decision in this controversial case. The issue in Dean was whether the economic loss doctrine, a judicial construct which bars recovery in tort for damage a product causes only to..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
The plaintiff sued her employer, alleging a hostile work environment based upon gender and retaliation in violation of the NJLAD. The trial judge dismissed the claim based upon a finding that the employer had in place a comprehensive anti-harassment..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
The claimant, an investigator for the Pennsylvania State Police, was involved in homicide investigations by providing forensic and photographic services. One case he investigated (“Baby Jane Doe”) involved a baby girl found in a plastic big near a...
Law Alerts April 1, 2011
On January 1, 2011, California SD 972 became effective. The law reduces a design professional's liability when entering into contracts with public agencies. Under the previous law, construction design professionals were under a "duty to..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
Following the claimant's work injury, the employer filed a petition to terminate the claimant's benefits. The claimant challenged the petition and also filed a Review Petition, seeking to expand the nature of the work injury to include...
Law Alerts April 1, 2011
In the framework of insurance contracts, New York law allows for consequential damages upon a breach of good faith and fair dealing only if those damages were contemplated by the parties at the time of or prior to establishing the contract. Moreover..., Case Law Alert - 2nd Qtr 2011

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