Publications
Employee’s specific job duty to report improper conduct does not preclude a CEPA claim for performing his/her job duties.
The plaintiff claimed that he was terminated in retaliation for reporting conduct which he reasonably believed violated the law.
Case Law Alerts, 4th Quarter 2013
Hostile work environment claim can be brought by employee outside of victimized group.
The plaintiff, a male, alleged that his termination stemmed from his complaints about inappropriate comments made in his presence about women but not involving or directed at him.
Case Law Alerts, 4th Quarter 2013
Pennsylvania Superior Court rejects piecemeal approach to claims for wrongful use of civil proceedings.
On December 29, 2009, the plaintiff Vinny Clausi, a Northumberland County Commissioner, made comments during a public meeting concerning the presence of pornography on computers located in the Sheriff’s office.
Case Law Alerts, 4th Quarter 2013
Supreme Court of Florida clarifies law on pre-2013 EUOs, reserves comment as to applicability and/or validity of 2012 PIP law amendment.
The Supreme Court of Florida considered the certified question from the 11th Circuit Court of Appeals of “[w]hether, under FLA. STAT.
Case Law Alerts, 4th Quarter 2013
New Jersey Appellate Division allows trial judges to remand PIP arbitration appeals to Forthright.
The New Jersey Superior Court, Appellate Division, considered whether a New Jersey Superior Court judge could appropriately remand an appeal of a Forthright/National Arbitration Forum (Forthright) arbitration back to Forthright for further finding
Case Law Alerts, 4th Quarter 2013
Provision in a financial agreement that contravenes the intent of the Medical Malpractice Act by limiting damages is void as against public policy.
Joseph Franks sought medical care and treatment from Dr. Bowers and his surgical group at North Florida Surgeons, P.A. Prior to undergoing surgery, Mr. Franks executed a financial agreement that contained a provision for arbitration.
Case Law Alert, 4th Quarter 2013
New Jersey Supreme Court rules Patients First Act requires high threshold for expert witness qualifications in malpractice cases.
The New Jersey Supreme Court reversed the lower court’s decision to allow expert testimony from a witness who did not “specialize” in the same field of medicine as the defendant-physicians.
Case Law Alerts, 4th Quarter 2013
The difference between “I’m sorry” and “I was wrong.”
In June 2013, the Pennsylvania Senate passed the Senate Bill No. 379, the Benevolent Gesture Medical Professional Liability Act, also known as the Apology Act.
Case Law Alerts, 4th Quarter 2013
No obligation to provide post-accident coverage to excluded driver covered by analogous policy despite failure to provide requisite notice of exclusion.
The plaintiff was injured in a one-vehicle collision as a passenger of a car driven by Mr. King, an adult resident of his parents’ home. Mr.
Case Law Alerts, 4th Quarter 2013
Defendant’s motion to dismiss granted in part and denied in part where defendant Gallagher Bassett was not an insurer.
The plaintiff was involved in a motor vehicle accident as a passenger in a vehicle owned by the defendant, New Castle County, and suffered physical injuries as a result.
Case Law Alerts, 4th Quarter 2013