Publications
Pennsylvania Superior Court extends corporate negligence theory to nursing homes.
The Pennsylvania Superior Court held that a nursing home could be found liable under a corporate negligence theory. The court found that a nursing home is analogous to a hospital in the level of its involvement in a patient's overall health care.
Case Law Alert - 4th Qtr 2010
Transfer to a new position, without more, is not an adverse employment action.
The plaintiff, a teacher, alleged that after engaging in whistle-blowing activity, she was transferred to another school. This was not considered a demotion, and the plaintiff did not suffer any loss of salary or benefits.
Case Law Alert - 4th Qtr 2010
Press releases on tests of competing product enjoined as false advertising.
The U.S. Court of Appeals for the 11th Circuit upheld a district court injunction relating to press releases that falsely represented data as to the quality of treated wood.
Case Law Alert - 4th Qtr 2010
The employer is not entitled to a reduction in total disability compensation payments where following a compensable injury, the claimant resumes working at concurrent employment since the second job was not counted in establishing the average weekly wage.
The claimant injured his left shoulder on April 22, 2008, while working as a driver for the employer.
The Pennsylvania Supreme Court holds that a furlough allowance is not a severance benefit and, therefore, the employer is not entitled to a credit for it against workers' compensation payments under section 204 (a) of the Workers' Compensation Act.
The claimant, a member of the passenger service employees' union, sustained a work injury to his right knee.
Where plaintiffs sought billing and litigation records from a non-party hospital, the trial court should have stayed the discovery until the parties had an opportunity to negotiate a confidentiality agreement per Florida's trade secrets laws.
This action arises out of a motor vehicle accident in which the plaintiff claimed to have suffered damages for bodily injuries and subsequent medical treatment.
Case Law Alert - 3rd Qtr 2010
As a matter of first impression, the Commonwealth Court held that the Philadelphia Parking Authority failed to comply with proper administrative procedure in accordance with the Commonwealth documents law in enforcing a taxi cab regulation.
An inspector for the Authority encountered one of the cab company's taxicabs while it was dropping off a passenger and noted that the inspection sticker had expired, both front tires were bald, and the right rear door was missing its rubber g
Case Law Alert - 3rd Qtr 2010
As a matter of first impression, the Pennsylvania Supreme Court held that an insured's recovery under UM/UIM policies may be offset under 75 PA.C.S. §1722 by group/program/arrangement benefits, including disability benefits purchased.
Following an automobile accident, the insured-driver received income-loss benefits under a group plan, paid by his employer, and benefits under two personal disability policies that were purchased privately.
Case Law Alert - 3rd Qtr 2010
The Third Circuit holds that the Americans with Disabilities Act contemplated that employers may need to make reasonable shift changes in order to accommodate a disabled employee's disability-related difficulties in getting to work.
In Colwell, the plaintiff brought suit against her former employer, alleging that she was constructively discharged in violation of the Americans with Disabilities Act ("ADA") after her store manager failed to allow her to work exclusive
Case Law Alert - 3rd Qtr 2010
As a matter of first impression, the Delaware Supreme Court held that the collateral source rules applies in the underinsured motorist context and that plaintiffs' paid insurance premiums entitled plaintiffs to double recovery.
The plaintiff, insured by codefendant State Farm, was injured while driving a car owned by his employer.
Case Law Alert - 3rd Qtr 2010