Publications
The Third Circuit holds that a potential collective action pursuant to the Fair Labor Standards Act did not become moot when the only current plaintiff received an offer of judgment representing full relief for the plaintiff's claim.
The plaintiff initiated a collective action on behalf of herself and all similarly situated individuals, alleging that the employer violated the Fair Labor Standards Act (FSLA) by implementing a policy subjecting certain employees to an automatic
Case Law Alert - 4th Qtr 2011
An employer's job offer letter inviting a return to work to a previous job with modifications based on current medical restrictions, but without detailing the duties of the work, is sufficient to support a modification of benefits.
Following an IME identifying that the claimant could return to work in a modified, medium-duty capacity, the employer notified the claimant simply that his work activities would be modified to accommodate the IME’s work restrictions.
Case Law Alert - 4th Qtr 2011
New Jersey Superior Court permits emergency room physician on cross examination to deny the liability he stipulated to in settlement agreement, resulting in a verdict of no cause for the defendant-employer emergency room.
The plaintiff's estate brought this suit for wrongful death against an emergency room physician, Dr.
Case Law Alert - 4th Qtr 2011
Expert's testimony regarding medical billing and coding was admissible for purposes of determining the reasonableness and necessity of medical treatment in the context of an uninsured motorist claim.
As in a suit for personal injury, a plaintiff seeking uninsured motorist coverage must demonstrate that his or her medical expenses are reasonable and necessary.
Case Law Alert - 4th Qtr 2011
The board issues fines against an insurance carrier for failing to comply with the Health Care Practice Guidelines where it made only partial payments to a medical provider on four separate claims.
This case involved a motion by a physician group against the insurance carrier seeking to compel full payment of various bills that had been submitted.
The Supreme Court holds that a governmental employee's claim for retaliation pursuant to the Petition Clause of the First Amendment fails unless the petition relates to a matter of public concern.
The plaintiff filed a union grievance following his termination as chief of police of the Borough of Duryea.
Case Law Alert - 3rd Qtr 2011
The Act does not require a workers' compensation carrier to pay the full amount of a medical provider's bill if it does not downcode the bill within 30 days of the date it was submitted.
In this case, Jeffrey Yablon, M.D. and Vincent Ferrara, M.D.
United States Court of Appeals for the Sixth Circuit defined "subcontractor" under a "your-work" exclusionary provision where the applicable policy failed to provide a definition.
A commercial general liability insurance policy included a "your-work exclusion," which excluded coverage for damage to "your work" after the work has been completed, unless it was performed by a subcontractor.
Case Law Alert - 4th Qtr 2011
Correctional facility granted summary judgment on plaintiff’s claim alleging improper medical care under the Eighth Amendment’s prohibition against cruel and unusual punishment.
The plaintiff, a state prisoner, filed a complaint pursuant to 42 U.S.C.S.
Case Law Alert - 4th Qtr 2011
By bringing a breach of contract action, alleging the defendant did not fairly and appropriately allocate coverage, the plaintiffs waived work product immunity of their counsel.
The plaintiffs sued for breach of contract of a directors and officers insurance policy to indemnify the cost of defense fees, as well as judgment or settlement amounts.
Case Law Alert - 4th Qtr 2011