Publications
A claimant's burden of proof on a reinstatement petition was not met where the claimant's evidence failed to show that the reason for a suspension of benefits no longer existed.
The claimant sustained a work-related injury to his low back in April of 2002. Approximately two years later, he returned to his regular job with no restrictions, and his benefits were suspended pursuant to a Notification of Suspension.
District Court holds that plaintiff's receipt of Social Security Disability benefits judicially estopped her from proceeding with her disability discrimination claim.
The plaintiff received a letter on August 29, 2007, which notified her that her employment with the employer was suspended and the employer would be considering her termination at its next meeting.
Case Law Alert - 4th Qtr 2011
Police officers’ granted qualified immunity based on reasonable reliance on “ordinary course” exception of the Omnibus Crime Control and Safe Street Act (Title III).
A jury found that the defendant police officers violated the plaintiff police officer's constitutional rights, the Omnibus Crime Control and Safe Streets Act (Title III) and Pennsylvania's Wiretapping and Electronic Surveillance Control
Case Law Alert - 4th Qtr 2011
New Jersey Supreme Court requires defendants in medical malpractice actions must include the specialty in which the defendant treated the plaintiff in the answer.
In this medical malpractice case brought against a physician for alleged negligence in prescribing Ambien to a sleep-deprived patient, the trial court and appellate court dismissed the complaint for failure to comply with New Jersey's Affidav
Case Law Alert - 4th Qtr 2011
The negligence of a permissive operator of an ATV who injured the owner was not imputed to the owner, and the owner is not barred from recovering related damages.
The plaintiff, the owner of an all-terrain vehicle (ATV), sued the defendants, a minor and his guardian, alleging negligent operation of the ATV by the minor and negligent entrustment by the guardian.
Case Law Alert - 4th Qtr 2011
The Appellate Division finds husband entitled to workers' compensation dependency benefits after wife dies of pulmonary embolism while performing sedentary work.
The decedent was a 25-year employee of the respondent who often worked from home, where she sat at her computer for long hours in order to meet various deadlines imposed by her superiors.
The Supreme Court of Pennsylvania amends Pennsylvania Rule of Civil Procedure 1006 allowing out-of-state medical malpractice cases to be brought in Pennsylvania.
On June 15, 2011, the Supreme Court of Pennsylvania amended Rule of Civil Procedure 1006, effective August 1, 2011. The amendment effects subsection a.1 of the Rule which previously stated, ". . .
Case Law Alert - 4th Qtr 2011
Where it explicitly excluded diminution in value from coverage, an insurance policy's exclusionary provision was unambiguous and did not violate public policy.
None of the language in any of the three insurance policies was ambiguous where they explicitly excluded diminution in value. It is not the role of the courts to rewrite the agreement, giving the insured a better deal than the one they purchased.
Case Law Alert - 4th Qtr 2011
District Court fails to dismiss the plaintiff's wrongful termination claim, relying on the public policy found in the Nursing Home Administrators License Act.
The plaintiff filed a wrongful termination lawsuit against his former employer following his termination as a nursing home administrator.
Case Law Alert - 4th Qtr 2011
In a multi-car accident personal injury claim, the court denies a motion to transfer based upon the "first-in-time" rule and indication of forum shopping.
The plaintiff filed a personal injury action, which was transferred upon the defendant's motion to Suffolk County based upon improper venue. CPLR 503(a).
Case Law Alert - 4th Qtr 2011