Publications
Principals of a company can be individually liable for a consumer fraud violation upon proof of personal participation in the particular regulatory violations at issue.
This case dealt with personal liability of a home improvement contractor under the Consumer Fraud Act (“CFA”).
Case Law Alert - 1st Qtr 2011
Taxi company's failure to respond to intoxicated individual's request for service was not the proximate cause of individual's subsequent death while walking home.
In this case, two men were killed when struck by a motor vehicle while crossing a street. This is an appeal from a grant of summary judgment in favor of Quick Service on the issue of causation.
Case Law Alert - 1st Qtr 2011
Where an insurance policy requires that written notice be given to its “agent,” oral notice to a broker who is not an agent of the insurer is not sufficient.
The policy specified that notice of a claim must be given to “any agent of ours” within the state and that such notice must be written.
Case Law Alert - 1st Qtr 2011
The phrase “arising out of” should be interpreted broadly in assessing whether allegations in a complaint fall within the purview of a pollution exclusion.
The plaintiffs alleged bodily injury and property damage resulting from the defendants’ pollution of groundwater and soil with hazardous toxic chemicals.
Case Law Alert - 1st Qtr 2011
A finding of full recovery in an administrative hearing for act 632 benefits collaterally estops the claimant from contesting a termination petition.
The claimant worked as a manager in the commissary of the Camp Hill State Correctional Facility. She was identified on a "hit list" created by the prisoners and was verbally assaulted by inmates.
An employer's eleventh hour refusal to proceed with a compromise and release agreement does not violate the Pennsylvania Workers' Compensation Act.
The claimant was injured while working for an employer that was under sub-contract with a general contractor, and the claimant was paid benefits. Later, the case was mediated, and an agreement was reached to settle the claim.
Claim dismissed on medical causation grounds: the claimant faints in the bathroom at work and thereby aggravates her pre-existing back condition.
This case involved a Petition to Determine Compensation Due alleging that on July 16, 2009, the claimant fainted at work and thereby aggravated a pre-existing back condition. The employer defended on causation grounds.
Third Circuit rules that the community caretaking exception cannot be used to justify warrantless entry of a home, absent exigent circumstances.
Theresa Ray went to her husband's home in Warren, New Jersey, to pick up their youngest daughter for court-ordered visitation. After ringing the doorbell, Ms. Ray observed a man whom she believed to be her husband moving about in the home.
Case Law Alert - 1st Qtr 2011
In a wrongful death action, Medicare is not entitled to a lien on the portion of the recovery attributable to the claims of the survivors.
The plaintiffs' settled a wrongful death claim against a nursing home. The defendant, the Secretary of the Department of Health and Human Services ("HHS"), sought reimbursement for medical payments made on behalf of the decedent.
Case Law Alert - 1st Qtr 2011
Discrimination against an individual for a child's interracial relationship may support a claim of race discrimination under Title VII.
The plaintiff alleged that his employment as a maintenance technician (and his lease in the apartment he rented from his employer) was terminated because his employer objected to the presence of his African American son together with the son'
Case Law Alert - 1st Qtr 2011