Publications
Recently enacted California statute clarifies design professionals' duty to defend obligations.
On January 1, 2011, California SD 972 became effective. The law reduces a design professional's liability when entering into contracts with public agencies.
Case Law Alert - 2nd Qtr 2011
A police officers' failure to investigate does not rise to a federal civil rights violation.
The plaintiff alleged that his civil rights were violated pursuant to 42 U.S.C. § 1983 when he was deliberately shot after he had surrendered to police.
Case Law Alert - 2nd Qtr 2011
The Pennsylvania Supreme Court held that the attorney-client privilege is a two-way street.
The Pennsylvania Supreme Court held that "the attorney-client privilege operates in a two-way fashion to protect confidential client-to-attorney communications made for the purpose of obtaining legal advice." Pennsylvania courts had prev
Case Law Alert - 2nd Qtr 2011
A fee review petition is held to be timely when filed within 90 days of billing date.
The claimant’s treating physician disputed the insurer’s payment of services by filing an application for fee review under section 306(f.1) (5) of the Act 85 days after the original billing date. The Bureau granted the fee petition.
Appellate division reverses trial judge’s order in Consumer Fraud Act claims.
In a Per Curiam decision, which was not approved for publication, the Superior Court of New Jersey Appellate Division recently reversed a trial court's order dismissing several Consumer Fraud Act (“CFA”) claims against the developer of a
Case Law Alert - 2nd Qtr 2011
Jury's verdict assigns value of emotional damages caused by age discrimination.
Recently, Florida's Court of Appeals for the Second Circuit provided further guidance for determining the range for an appropriate compensatory damage award for victims of employment discrimination who are claiming non-specific, non-treated emotio
Case Law Alert - 2nd Qtr 2011
No intermediate review of PIP arbitration proceedings.
The Appellate Division concluded that judicial review of an intermediate ruling is not one of the APDRA procedures the Commissioner has made "applicable" to PIP arbitration proceedings.
Case Law Alert - 2nd Qtr 2011
Commonwealth Court holds that employer did not meet burden of proof that widow entered into common law marriage so as to warrant termination of widow's benefits under section 307 of the Act.
The claimant in this case received workers' compensation benefits as a result of the death of her husband.
The Supreme Court holds that a claimant seeking a reinstatement of suspended benefits must prove that earning power is again adversely affected by the disability and that the disability is a continuation of that which arose from the original claim.
The claimant sustained an injury to his low back while working for the employer. The claimant later returned to work for that employer in a modified, light-duty position.
Under plain language of waiver provision in affidavit of merit statute, “good faith effort” requirement for waiver of specialty requirement focuses solely on moving party's “effort” to secure specialty expert, not reasons why specialty expert declined to
The defendant physician, who is board certified in gastroenterology, performed a colonoscopy on the plaintiff. The procedure resulted in a perforated colon, thus prompting the filing of the suit.
Case Law Alert - 1st Qtr 2011