Publications
Questions on job application lead to suit against Florida employer.
A December 8, 2021, decision in the U.S. District Court for the Middle District of Florida means a lawsuit against a Lee County library will continue.
Case Law Alerts, 1st Quarter, Janu
Expungement of information related to settled customer dispute arising out of complaint not made by customer or person authorized to act on customer’s account.
The FINRA arbitrator made a ruling pursuant to FINRA Rule 2080 that the customer’s claim, allegation, or information was factually impossible or clearly erroneous.
Case Law Alerts, 1st Quarter, Janu
FINRA arbitration panel requires counsel to submit COVID-19 test result.
FINRA currently requires proof of vaccination or a negative COVID-19 test within 72 hours of the start of live hearings.
Case Law Alerts, 1st Quarter, Janu
NJ Appellate Division remands for a “more robust application” of Ullmann test in light of discovery demands seeking the production of business entity tax returns.
This matter involved a discovery dispute in a wrongful discharge employment matter. During discovery, the plaintiff sought the production of the tax returns and financial statements of his former employer, a closely-held corporation.
Case Law Alerts, 1st Quarter, Janu
Florida Supreme Court decides that financial relationship between defendant’s automobile liability insurer and his expert witnesses is discoverable.
In this automobile negligence case, the plaintiff sought to discover from the defendant information concerning the financial relationship between the defendant’s non-party insurer and his expert witnesses.
Case Law Alerts, 1st Quarter, Janu
Plaintiff’s Labor Law § 240 claim dismissed because the accident did not involve a gravity related incident.
The Supreme Court of New York, County of New York granted the defendants’ motion for summary judgment dismissing New York Labor Law 240(1) claim.
Case Law Alerts, 1st Quarter, Janu
Plaintiff waives PIP coverage in Maryland but is entitled to PIP coverage in Delaware.
The plaintiff, a Maryland resident and operating a Maryland insured vehicle, was involved in an automobile accident in Delaware. Maryland law permits its residents to waive PIP coverage, and the plaintiff did waive that coverage.
Case Law Alerts, 1st Quarter, Janu
Biomechanics expert overcomes motion to preclude his testimony, and Delaware Superior Court reaffirms criteria required for admissibility.
The plaintiffs moved to exclude Dr. Brock, a biomechanics expert, from testifying at trial that injuries claimed were not caused by the subject motor vehicle accident. The court denied the motion, finding: (1) Dr.
Case Law Alerts, 1st Quarter, Janu
Court affirms that payment of attorney’s fees does not extend statute of limitations as payment is neither payment of compensation nor provides medical treatment, the only two events that will extend statute of limitations under subsection 440.19(2).
The claimant sustained a compensable injury in 2011, and in 2013, filed a petition for benefits. The judge entered an order in 2015 awarding the benefits, including fee and cost entitlement.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
New Jersey Appellate Court affirms permanent disability award found in workers’ compensation order in pro se appeal.
A pro se petitioner appealed a workers’ compensation order awarding 25% permanent partial-total disability.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.