Publications
Receipt of Social Security disability benefits unrelated to a work injury demonstrates claimant’s voluntary removal from the workforce and justifies suspension of benefits.
The claimant sprained her right knee in the course of her employment, which ultimately required multiple knee surgeries, including a knee replacement. The claimant has not worked or looked for work since then.
Case Law Alert - 2nd Qtr 2012
Medical evidence supports finding that lifting at work precipitated heart attack.
The importance of a physician’s overall testimony, as opposed to a couple of particular statements, determines whether it is unequivocal so as to support a claim of a work-related injury.
Case Law Alert - 2nd Qtr 2012
Installation of an in-home therapy pool held neither reasonable nor necessary treatment where the judge did not consider all of the circumstances, including alternative devices.
The claimant, paralyzed from the waist down following surgery for a work-related back condition, filed a review petition and a Utilization Review request seeking payment for the installation of an aquatic therapy pool at this home, along with the
Case Law Alert - 2nd Qtr 2012
Religious Institutions Afforded Ministerial Exception to Employment Discrimination Laws by a Unanimous Supreme Court
In what religious leaders are touting as the most significant religious liberty decision in over 20 years, a unanimous Supreme Court on Wednesday, January 11, 2012 formally recognized a "ministerial exception" to employment discrimination laws, c
Special Case Law Alert - January 13, 2012
Communications between counsel and trial expert are not discoverable and are shielded from disclosure by the work-product privilege.
This matter involves the discoverability of communications between counsel and a trial expert regarding the manner in which the expert should frame his or her opinions or report.
Case Law Alert - 1st Qtr 2012
Regulatory violations of the Consumer Fraud Act can result in individual liability.
The New Jersey Supreme Court further clarified when an individual owner or employee of a company may be liable under the Consumer Fraud Act (“CFA”).
Case Law Alert, 1st Qtr 2012
Lawsuit dismissed after election of new home warranty arbitration remedy.
The court dismissed a homeowner's suit after the homeowner initially filed a warranty claim.
Case Law Alert, 1st Qtr 2012
Regulatory violations under the Consumer Fraud Act resulted in award of attorney fees.
The Appellate Division reversed a trial court’s decision to not impose personal liability on the owner of a residential construction company under the Consumer Fraud Act.
Case Law Alert, 1st Qtr 2012
Waiver of subrogation clause in construction contract may be applied to a subsequent property owner as a third-party beneficiary.
A developer transferred ownership of a condominium association (“CA”) while construction continued. Construction activities caused a fire and damages to the CA, which its insurer paid.
Case Law Alert, 1st Qtr 2012
A contract for construction with an owner is a prerequisite under Pennsylvania’s Contractor and Subcontractor Payment Act, and design professionals may qualify as “contractors” under certain circumstances.
An architectural firm entered into an oral contract for services to help determine the feasibility of a project. The architectural firm entered into a second oral contract for behind-the-scenes assistance to the owner for planning and zoning.
Case Law Alert, 1st Qtr 2012