Publications
FMLA employer notice obligation concerning terms and duration of leave.
The plaintiff took an approved medical leave and, while on leave, was required to complete an FMLA certification form.
Case Law Alert - 3rd Qtr 2012
ADA requirement of establishing substantial limitation on major life activity.
The plaintiff alleged that she was terminated because she needed to leave work to undergo treatment for a Protein S. deficiency.
Case Law Alert - 3rd Qtr 2012
Florida law is unclear as to whether an insured's appearance at EUO is deemed a condition precedent to PIP coverage.
The Appeals Court certified question to Florida Supreme Court: "[w]hether, under Fla.
Case Law Alert - 3rd Qtr 2012
Florida Legislative Update: Florida enacted a significant overhaul of its PIP statute
Subsequent to Nunez, Florida enacted a significant overhaul of its PIP statute, amending Fla. Stat. § 627.736 to provide, in pertinent part, that under Fla. Stat.
Case Law Alert - 3rd Qtr 2012
Material misrepresentation(s) made by insured to his insurance carrier during the course of the presentation of homeowner's claim permits carrier to disclaim coverage based on policy language and gives rise to a cause of action under NJ Insurance Act.
In this United States District Court matter wherein the federal court interpreted New Jersey law in a diversity action brought by Certain Underwriters at Lloyds of London against its insured, Salvatore Alesia, alleging violations of the New Jersey
Case Law Alert - 3rd Qtr 2012
RICO is an appropriate avenue for the civil prosecution of medical provider insurance fraud.
The plaintiff filed a federal civil RICO action against the defendants, a series of allegedly interconnected professional corporations (medical providers and diagnostic testing facilities).
Case Law Alert - 3rd Qtr 2012
Material misrepresentations by an insured during the course of a carrier's arson investigation represents sufficient grounds to deny coverage under policy terms and defeat a bad faith action.
The plaintiff, a State Farm insured, brought an action against the defendant claiming that State Farm breached the insurance contract and failed to act in good faith in denying his homeowner's claim (pertaining to a house fire).
Case Law Alert - 3rd Qtr 2012
Settlement propsal for single hospital by two defendants that own, control, maintained single entity enforceable where hospital is only entity allegedly responsible for negligence and defendants were treated as single entities during litigation.
The plaintiff appealed the enforcement of a proposal for settlement on the basis that it failed to apportion the offer between two separately named defendants.
Case Law Alert - 3rd Qtr 2012
Appellate Division affirms trial court's grant of motion to bar plaintiff's expert where the expert failed to meet requirements of N.J.S.A. 2a:53a-41.
The plaintiff, a 68-year-old woman, reported complaints of vaginal bleeding to her gynecologist.
Case Law Alert - 3rd Qtr 2012
When must the MCARE Fund defend under Section 715 status?
The Supreme Court held that the MCARE Fund owed a duty to assume the obligations of the primary insurer where the defendant physician and his insurer first received notice of the claim more than four years after the events giving rise to liability
Case Law Alert - 3rd Qtr 2012