Publications
Third Circuit holds that an employer’s honest belief that its employee was misusing FMLA leave mandates dismissal of his FMLA retaliation claim.
The Third Circuit upheld the dismissal of the plaintiff’s FMLA retaliation claim, finding that the plaintiff could not demonstrate that his termination was pretextual in light of the employer’s honest belief that the plaintiff misused
Case Law Alerts, 2nd Quarter, April 2017
Third Circuit finds that plaintiffs are not required to plead and prove they are objectively qualified for a position in order to sustain failure to promote claim pursuant to Uniformed Services Employment and Reemployment Act.
The Third Circuit was tasked to decide a certified question from the district court, namely, “Must a plaintiff plead and prove that he or she was objectively qualified for the position sought” in a failure-to-promote discrimination sui
Case Law Alerts, 2nd Quarter, April 2017
Third Circuit determines plaintiff’s failure to articulate that her cancer substantially limited a major life activity required dismissal of her lawsuit.
The Third Circuit affirmed the dismissal of the plaintiff’s disability discrimination claim, finding that the district court correctly determined that the plaintiff failed to satisfy her burden of establishing that she was disabled pursuant
Case Law Alerts, 2nd Quarter, April 2017
Is this thing on? U.S. Supreme Court reiterates long standing principle that clearly established law must be particularized to the facts of the case.
A police officer, Officer White, arrived late to a scene and witnessed shots being fired by one of several armed individuals in a residence, later identified as the Pauly brothers, and ultimately shot and killed one of the brothers, Samuel, prior
Case Law Alerts, 2nd Quarter, April 2017
Commonwealth Court reaffirms that real property exception to governmental immunity under Political Subdivision Tort Claims Act requires that cause or source of harm be local agency real property and not its personal property.
This case arose out of a trip and fall accident at the Delaware County Recorder of Deeds’ office. The plaintiff visited the County Recorder of Deeds office to conduct title searches.
Case Law Alerts, 2nd Quarter, April 2017
Disfigurement petition is premature when claimant has yet to undergo approved medical treatment that is likely to improve his appearance.
One of the complications from the claimant’s compensable work injury included failing dentition due to extensive use of narcotic medications.
Case Law Alerts, 2nd Quarter, April 2017
DE Supreme Court holds that undocumented worker status is relevant but not necessarily decisive factor in determining if claimant is actually displaced worker.
The court holds that a claimant’s undocumented worker status is not relevant in determining whether she is a prima facie displaced worker, but it is a relevant factor to be considered in determining whether she is actually a displac
Case Law Alerts, 2nd Quarter, April 2017
Notice provision of N.J.S.A. 34:15-40(f) requires insurance carrier to seek permission from injured worker before initiating third-party action on his behalf.
Mr. Mishkoff, an employee of Credit Card Processing US, was involved in a work-related motor vehicle accident when his car was hit by Ms. Salimente.
Case Law Alerts, 2nd Quarter, April 2017
Supreme Court invalidates impairment rating: IRE doc didn’t address psychological conditions not made part of work injury until after IR was performed
The Pennsylvania Supreme Court reversed the Commonwealth Court, interpreting Section 306(a.2) of the Act much differently.
Case Law Alerts, 2nd Quarter, April 2017
Heart and Lung Act benefits not subject to subrogation under Act even when claimant agreed to employer’s lien recovery in stipulation.
The Commonwealth Court found that the claimant signed the stipulation that was submitted to the Workers’ Compensation Judge after they issued their opinion in Stermel v. WCAB (City of Philadelphia, 103 A.3d, 876 (Pa. Cmwlth.
Case Law Alerts, 2nd Quarter, April 2017