Publications
Is it time to proclaim a new rule of consistent snow and ice immunity for all public entities?
The plaintiff slipped and fell on ice at one of the defendant’s train stations.
Case Law Alerts, 1st Quarter, January 2016
Evidence relating to comparative negligence, assumption of the risk, product misuse and industry standards may be admissible in a product liability action.
The defendant sought to introduce evidence in support of its affirmative defenses of comparative negligence, assumption of the risk, product misuse and industry standards.
Case Law Alerts, 1st Quarter, January 2016
The plaintiff’s denial of previous injuries or complaints is held sufficient to find fraud on the court and dismissal of the action with prejudice.
The plaintiff was injured in a car accident and sued the other driver and his employer.
Case Law Alerts, 1st Quarter, January 2016
Rescinded policy affords no coverage for the plaintiff in pending suit.
The defendant, a medical professional, made material misrepresentations on his annual renewal form for his malpractice insurance policy. He was later sued for professional negligence and referred the claim to his insurance carrier.
Case Law Alerts, 1st Quarter, January 2016
The only element of common law fraud a homeowner must prove to prevail in a claim under the Unfair Trade Practice and Consumer Protection Law against their homebuilder is justifiable reliance.
The plaintiffs sued their homebuilder/contractor, alleging claims sounding in breach of contract, violation of the Unfair Trade Practices and Consumer Protection Law (UTPCPL), , 73 Pa.C.S.
Case Law Alerts, 1st Quarter, January 2016
As a threshold matter, consequential damages that resulted from a subcontractor’s defective work constituted “property damage” and an “occurrence,” an insurer was not precluded from arguing against coverage based upon other exclusions within a policy.
Adria Towers served as general contractor during the construction performed at the Cypress Point Condominiums. Defective work performed by Adria Towers’ subcontractors resulted in both defective-work and consequential damages claims.
Case Law Alerts, 1st Quarter, January 2016
The Third Circuit determines that a retailer could be subject to liability under Title VII based upon discrimination claims asserted by a temporary worker assigned by a staffing agency.
The Third Circuit vacated summary judgment in favor of a retailer on a plaintiff’s claims of discrimination during the plaintiff’s assignment through a staffing agency at the store.
Case Law Alerts, 1st Quarter, January 2016
The Third Circuit adopts the predominate benefit test to determine whether meal breaks are compensable pursuant to the Fair Labor Standards Act.
A class of prison guards sued the county, alleging that they were not properly compensated for meal break periods at the prison, in violation of the Fair Labor Standards Act.
Case Law Alerts, 1st Quarter, January 2016
District Court rejects plaintiff’s attempt to argue that his employer was equitably estopped from asserting that it was not subject to the FMLA.
The employee asserted that his former employer interfered with his rights under the Family and Medical Leave Act and retaliated against him when it terminated his employment on the day he was scheduled to return from medical leave.
Case Law Alerts, 1st Quarter, January 2016
The Pennsylvania Superior Court expands common law wrongful discharge to include retaliation pursuant to the Prohibition of Excessive Overtime in Healthcare Act.
The Pennsylvania Superior Court affirmed a judgment in favor of a former hospital employee who was awarded more than $120,000 following a bench trial.
Case Law Alerts, 1st Quarter, January 2016