Publications
Florida appeals court adopts the Lamden test in holding that courts must give deference to a condo association's decisions if that decision is within the scope of the association's authority and is reasonable.
The Association appealed the trial court's entry of partial final judgment denying its request for an injunction.
Case Law Alert - 1st Qtr 2011
In a case involving occupational exposure to asbestos, the board relies on the lower rating under the sixth edition of the AMA guides made by the employer's medical expert in awarding permanency to the lungs.
This case involved three petitions filed on behalf of the claimant alleging a 54 percent permanent impairment to both lungs resulting from occupational exposure to asbestos that he suffered while working as a union laborer at a refinery.
The pro-rata reimbursement rate being paid to the claimant during a grace period also applies to periods when the claimant receives partial disability benefits due to a return to work at reduced wages.
Following the claimant's work injury, he received a third party recovery, and a Third Party Settlement Agreement was executed.
When an employee, who is subject to an arbitration clause, files a complaint alleging employment discrimination, retaliation and breach of contract, a motion to dismiss the complaint is appropriate.
Emmanuel Esaka filed a complaint against Nanticoke Health Services, Inc., Mid-Sussex Medical Center, Inc.
Case Law Alert - 1st Qtr 2011
Application of the Williams jurisdictional test: what is the standard for invoking jurisdiction of the New Jersey Division of Workers' Compensation in extraterritorial occupational disease cases?
The petitioner, a lifelong resident of Pennsylvania, was employed as a manual laborer in the printing industry in that state from 1974 through 2001.
Where the allegations in a complaint implicate more than one insurance policy, the primary insurer is not entitled to recover defense costs if it had a duty to defend in the first instance.
Where the facts developed through discovery ultimately established that only one insurer had a duty to indemnify, the primary insurer was not entitled to recover its defense costs because the allegations in the complaint were sufficient to trigger
Case Law Alert - 1st Qtr 2011
Award for consumer fraud damages and associated attorney fees vacated when no “causal link” found between the violation of the consumer fraud act and the damages suffered by the homeowners.
This case dealt with a dispute when a homeowner stopped making payments to the contractor who was constructing a first-floor extension and second-floor addition.
Case Law Alert - 1st Qtr 2011
The Third Circuit holds that the plaintiff failed to establish a retaliation claim when his employment was terminated one month following the dismissal of his prior discrimination lawsuit.
The plaintiff argued that his employment was terminated in retaliation for filing a prior administrative complaint and federal lawsuit against his employer, which alleged age discrimination.
Case Law Alert - 1st Qtr 2011
The claimant's employment is principally localized in Pennsylvania when evidence is presented that the claimant spent a substantial part of his work time in the Commonwealth.
The claimant was a truck driver who was injured in an accident that occurred in Vermont. The claimant received workers' compensation benefits in the state of Ohio.
An assignee of the right to seek PIP reimbursement is not bound by the cooperation clause in the original insurance policy unless there is evidence of intent to be so bound.
An insurer asserted that the cooperation clause of the original policies of insurance bound the assignee and supported broad discovery demands against same.
Case Law Alert - 1st Qtr 2011