Publications
Builders’ sale contracts may provide leeway for homeowners to file complaints years after closing, despite statute of repose.
The plaintiff entered into a sales contract with the defendant for the construction of a home. Ten years after closing on the home, the plaintiff filed suit against the builder, alleging construction defects.
Case Law Alerts, 3rd Quarter, July 2017
As a pro se attorney, the plaintiff was not entitled to attorney’s fees.
The plaintiff alleged that the defendants, including Grodeck, violated his civil rights under the New Jersey Civil Rights Act. Mr. Grodeck is an attorney and represented himself pro se.
Case Law Alerts, 3rd Quarter, July 2017
They called him “Suicide.” Third Circuit clarifies that the vulnerability to suicide framework does not preclude other types of claims.
During the decedent’s health assessment at SCI Camp Hill (he had recently been convicted of burglary and sentenced to 16-48 months imprisonment), he admitted to prior suicide attempts, recent acts of self-harm, continuing thoughts of both se
Case Law Alerts, 3rd Quarter, July 2017
High stakes, but no dice roll. Supreme Court upholds police encounter at casino that leads to homicide confession and conviction.
The plaintiff-appellant appealed his two death sentences for murdering an elderly woman and kidnapping and murdering her ten-month-old grandchild.
Case Law Alerts, 3rd Quarter, July 2017
Incorrect legal standard applied. Reversed and remanded decision that injury while playing on employer’s softball team within course and scope of employment.
The Delaware Superior Court provided a detailed and thorough analysis of the applicable law. Nocks v. Townsend’s, Inc. sets forth the standard for an employee injured during a softball game sponsored by the employer.
Case Law Alerts, 3rd Quarter, July 2017
Petition to Determine Compensation Due should contain detailed responses and be personally signed by claimant.
Because there have been so many instances where a claimant is confronted with the Statement of Facts in the Determine Compensation Due petition and testifies that he or she has never even seen it nor signed it, the Board emphasized that the best p
Case Law Alerts, 3rd Quarter, July 2017
Refusal to pay work-related medical treatment because a different entity was actual provider of billed services subjects employer to penalties.
The claimant’s bills for physical therapy treatment were being submitted to the workers’ compensation carrier by pt Group, but the actual services were performed by The Physical Therapy Institute (PTI).
Case Law Alerts, 3rd Quarter, July 2017
Benefits properly denied when claimant is an independent contractor, not employee, and the judge is not required to hold claimant as employee because of late answer to claim petition.
The Commonwealth Court affirmed the decisions of the Workers’ Compensation Judge and the Appeal Board in which they dismissed the claim petition and applied the 2010 Construction Workplace Misclassification Act in finding the claimant to be
Case Law Alerts, 3rd Quarter, July 2017
Claimant hired for harvest season is itinerant agricultural laborer, not seasonal employee, and entitled to higher average weekly wage and compensation rate.
The Commonwealth Court agreed that the claimant was not a seasonal employee.
Case Law Alerts, 3rd Quarter, July 2017
Car accident on the way to work is in course and scope of employment because claimant was sick and had intended to stay home but went to work at employer’s special request.
The Commonwealth Court agreed with the Workers’ Compensation Judge and the Appeal Board, finding the claim compensable.
Case Law Alerts, 3rd Quarter, July 2017