Publications
Adkins v. Ohio State Highway Patrol, 2010 Ohio 5915 (Ohio Ct. of Claims, Nov. 17, 2010).
The plaintiff, a decedent's estate administrator ("EA"), filed suit against the defendant, the Ohio State Highway Patrol ("OSHP"), alleging that a trooper was negligent when he arrested the driver of a car in which the dec
Case Law Alert - 1st Qtr 2011
Laidlow revisited: the intentional wrong exception to the exclusive remedy provision of the New Jersey Workers' Compensation Act.
On February 20, 2006, the plaintiff was severely injured while cleaning a vertical blender on the premises of his employer. The plaintiff was a 22-year employee of the defendant and had operated the vertical blender for approximately 16 years.
New Jersey Supreme Court holds that public entities cannot limit liability through waivers in the same way as private entities.
The plaintiff, a security officer who was required to complete a state-approved police training course as a condition of his employment, slipped and fell on a wet substance on the stairs while doing mandatory duty as "lunch recruit." He
Case Law Alert - 1st Qtr 2011
An insurer is entitled to a supersedeas recovery of the portion of attorney’s fees incurred to obtain the third party recovery.
The workers’ compensation insurer sought to obtain supersedeas fund reimbursement for the amount of attorney’s fees incurred to obtain a third party recovery.
Violation of covenant of good faith and fair dealing when relying on "pay if paid" clause to avoid payment to subcontractor.
This case addresses “Pay-if-Paid” clauses.
Case Law Alert - 1st Qtr 2011
Circuit court points to placement of pepper spray low on the "force continuum" in finding police use of force reasonable.
On August 11, 2006, at approximately 1:30 a.m., Pennsylvania State Police (PSP) Corporal Brian Barnhart and PSP Trooper Nathaniel Lieberum observed Revak driving erratically and speeding in his truck.
Case Law Alert - 1st Qtr 2011
Wage discrimination claim timely, even though discriminatory decision occurred beyond statute of limitations period.
Three female tenured professors, each with at least 19 years of service, alleged discrimination in wages due to their gender and during their entire term of employment.
Case Law Alert - 1st Qtr 2011
After reargument, Pennsylvania Supreme Court reaffirms its decision to permit nurses to offer causation opinions.
The Supreme Court of Pennsylvania reaffirmed its decision to permit nurses to present expert testimony that a breach in the nursing standard of care caused a plaintiff's condition.
Case Law Alert - 1st Qtr 2011
Battle over whether communications between counsel and his testifying expert are discoverable is heating up.
In a case of first impression, on September 16, 2010, Judge Olsen ruled that a party may obtain written communications between counsel and his testifying expert.
Case Law Alert - 1st Qtr 2011
Public entity may be liable for use of excessive force even though plaintiff suffered no physical injury.
The plaintiff alleged that two police officers violated his civil rights pursuant to 42 U.S.C. § 1983. A jury returned a verdict that found that the officers did, in fact, violate his civil rights but did not cause injury to the plaintiff.
Case Law Alert - 1st Qtr 2011