Publications
Insured’s misrepresentations in the policy application could void the policy ab initio.
It has long been the law in Ohio that an insurer can only void a policy ab initio for misrepresentations in the application if the applic
Case Law Alerts, 3rd Quarter, July 202
Transgender plaintiff in NJLAD claim is entitled to recover attorney’s fees and costs even when only equitable relief is awarded.
The plaintiff, who is transgender, alleged that he was subjected to hostile treatment during his arrest and due to his gender identity.
Case Law Alerts, 3rd Quarter, July 202
Plaintiff cannot state an “interference” claim under FMLA based on actions taken after he has exhausted his FMLA entitlement.
The plaintiff requested and received FMLA benefits.
Case Law Alerts, 3rd Quarter, July 202
New Jersey lacks general or specific jurisdiction over a foreign corporation even when the employee lives in New Jersey and works one day a week from her home office.
The defendant corporation was organized under the laws of New York and had its principal place of business in Staten Island.
Case Law Alerts, 3rd Quarter, July 202
Trial court erred by not granting the carrier a reasonable time after it had ruled on the non-privilege objection to provide a privilege log.
After the insurance carrier denied the homeowners’ hurricane water damage claim, the homeowners filed suit.
Case Law Alerts, 3rd Quarter, July 202
There is no bad faith when an insurer has a reasonable basis for denying coverage.
The U.S.
Case Law Alerts, 3rd Quarter, July 202
Dismissal of wrongful use of civil proceedings claim against attorney affirmed.
On March 6, 2020, the Pennsylvania Superior Court affirmed the trial court’s dismissal of the plaintiff’s wrongful use of civil proceedings claim against a lende
Legal malpractice claim against a public defender is subject to New Jersey Tort Claims Act.
The New Jersey Supreme Court affirmed summary judgment to the public defender, holding that the plaintiff’s legal malpractice claim against the
Case Law Alerts, 3rd Quarter, July 202
The First District Court of Appeal finds, because of its unreasonable delay, the employer failed to provide the alternate physician and competent substantial evidence existed to support the factual finding.
The claimant sustained a compensable work injury in 2015 and was authorized to treat with Dr.
What's Hot in Workers' Comp
Employer’s payment of medical expenses under a Medical Only Temporary Notice of Compensation Payable does not toll the Act’s statute of limitations when the payments were not made in lieu of compensation.
The claimant was injured in a work-related motor vehicle accident on May 15, 2014.
What's Hot in Workers' Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of intere