Publications
Seriously, stop or I’ll shoot: The outcome of a criminal case may have a direct impact on liability in the civil case.
The plaintiff was parked in a vehicle when an unmarked police car pulled up next to him and three police officers in plain clothes approached his vehicle.
Case Law Alerts, 2nd Quarter, April 2015
One may not repackage an IDEA claim in order to avoid IDEA requirements, such as exhaustion of available remedies.
The plaintiff alleged that the School District failed to “provide evaluations, services and support in order to address and remediate the [minor’s] disability.” Although the plaintiff’s complaint seemed to resound under the
Case Law Alerts, 2nd Quarter, April 2015
Panel dismisses claims and blames customers for broker’s selling away activity.
The claimants filed claims against the broker-dealer respondent in which they alleged that the respondent had failed to supervise their broker, resulting in an unsuitable recommendation by the broker to the claimants.
Case Law Alerts, 2nd Quarter, April 2015
Court upholds Panel’s default judgment against claimant who alleged lack of service.
The petitioner sought confirmation of a FINRA arbitration award of default judgment against the respondent, who alleged lack of service.
Case Law Alerts, 2nd Quarter, April 2015
An order to compel arbitration is appealable only from a judgment confirming the arbitration award.
A court compelled the plaintiffs’ claims to arbitration based on an arbitration clause contained in a new account form signed by the plaintiffs.
Case Law Alerts, 2nd Quarter, April 2015
Payment of medical expenses related to RSD, including Ketamine infusion treatments, denied.
The petition at issue was the claimant’s petition to determine additional compensation seeking payment for medical expenses related to treatment of RSD and for pre-approval of treatment for an RSD-related gastrointestinal problem.
Case Law Alerts, 2nd Quarter, April 2015
Injury occurring in parking area adjacent to employer’s premises not compensable under “going and coming” rule.
After parking just outside the fence line surrounding the employer’s premises—a public right of way—the claimant slipped and fell on his way in to work.
Case Law Alerts, 2nd Quarter, April 2015
Order for home remediation reversed due to lack of competent medical evidence as required by Squeo.
The petitioner, partially paralyzed and confined to a wheelchair, sought additional modification to his home in the form of an interior elevator. The Board denied the application for installation of an elevator as unnecessary.
Case Law Alerts, 2nd Quarter, April 2015
Dismissal of tort action affirmed based on a finding that the defendant was the plaintiff’s “special employer.”
The plaintiff was hired by a jewelry store—owned by the defendants’ mother—who later instructed her to work full-time at the defendants’ home.
Case Law Alerts, 2nd Quarter, April 2015
Facial injuries from a dog bite that occurred while on a smoke break are compensable.
The claimant was permitted to take smoke breaks and was in an approved area for smoking—and was actually smoking—when he was bitten by a co-worker’s dog.
Case Law Alerts, 2nd Quarter, April 2015