Publications
The Third Circuit holds that plaintiff's admitted violation of his employer's zero tolerance policy regarding workplace threats mandates dismissal of his discrimination claims.
The Third Circuit upheld summary judgment in favor of an employer who terminated the plaintiff's employment for violating its zero tolerance policy.
Case Law Alert - 2rd Qtr 2011
A pattern of similar constitutional (Brady) violations by untrained employees was necessary to demonstrate deliberate indifference for purposes of a failure to train claim.
The District Attorney's office conceded that, in prosecuting the former prisoner for attempted armed robbery, prosecutors failed to disclose evidence that should have been turned over to the defense under Brady v. Maryland.
Case Law Alert - 3rd Qtr 2011
An employee is not barred from pursuing a third party action in negligence against a general partnership after receiving workers' compensation benefits from her employer.
The plaintiff received workers' compensation benefits for a slip and fall that occurred in her employer's parking lot.
Case Law Alert - 3rd Qtr 2011
An employee alleging damages for severe emotional distress in relation to a cepa claim must submit to an IME if they have placed their medical condition at issue.
The plaintiff filed a class action complaint on behalf of similarly situated persons and himself in which he alleged he was not paid overtime in violation of the collective bargaining agreement.
Case Law Alert - 3rd Qtr 2011
Service by electronic filing pursuant to PA.R.C.P. 205.4(g)(1)(ii) requires a party's consent in each individual case, regardless of prior consent on other cases.
The Superior Court overturned a lower court's ruling granting a motion to dismiss where a party had not been timely served with the motion.
Case Law Alert - 3rd Qtr 2011
Service by electronic filing pursuant to PA.R.C.P. 205.4(g)(1)(ii) requires a party's consent in each individual case, regardless of prior consent on other cases.
The Superior Court overturned a lower court's ruling granting a motion to dismiss where a party had not been timely served with the motion.
Case Law Alert - 3rd Qtr 2011
As a matter of first impression, the collateral source rule, while not implicated in this action, applies in the context of an underinsured motorist action.
The defendant insurer filed an application to admit a report prepared by an expert (the first expert) at the plaintiff insured's request in connection with her Industrial Accident Board claim.
Case Law Alert - 3rd Qtr 2011
Civil penalty vacated only because engineer's registration board failed to charge engineer under the correct rule for practicing without a valid license.
The Pennsylvania State Registration Board for Professional Engineers, Land Surveyors, and Geologists ordered this professional to pay a civil penalty for "practicing geology" pursuant to §4(e) (63 P.S.
Case Law Alert - 3rd Qtr 2011
The Pennsylvania Superior Court upholds a $187 million judgment in favor of employees who were allegedly forced to work off the clock and skip breaks.
The Pennsylvania Superior Court upheld a jury verdict and award in favor of a class of Wal-Mart employees who were allegedly forced to work through their break periods in violation of the company's policy.
Case Law Alert - 3rd Qtr 2011
Delaware Supreme Court declined to find that the informed consent statute disposed of the common law requirement of causation in a negligence action.
The plaintiffs brought this medical negligence action based on a claim of lack of informed consent. After the jury returned a verdict for the defendant due to the plaintiffs' failure to prove causation, the plaintiffs filed an appeal.
Case Law Alert - 3rd Qtr 2011