Publications
The Supreme Court holds that a disparate impact class may challenge an employer's application of a practice, despite the fact that the class plaintiff failed to timely challenge the initial adoption of the practice.
In Lewis, the City of Chicago administered a written examination in 1995 to applicants seeking firefighter positions.
Case Law Alert - 3rd Qtr 2010
A workers' compensation judge's decision crediting medical testimony that included a description of injury beyond that described in the notice of compensation payable is binding in a subsequent termination petition.
In this case, the Commonwealth Court reinforced the recent Supreme Court decision in Cinram Manufacturing, Inc. v. WCAB (Hill), 975 A.2d 577 (Pa.
The medical provider's failure to provide the URO with the password to access encrypted medical records does not satisfy the requirement of section 127.464 to provide the URO with the claimant's medical records.
The Commonwealth Court affirmed a decision of the Workers' Compensation Appeal Board that a medical provider's mailing of a CD-ROM with the claimant's complete records, whose contents were inaccessible to the URO due to an encrypted
Florida Supreme Court determines that posting defamatory material on a website alone does not constitute the commission of a tortious act within Florida for purposes of the long-arm statute (F.S. 48.193(1)(b)).
The Florida Supreme Court answered the question of "whether a non-resident commits a tortious act within Florida for purposes of the Long-Arm Statute (F.S.
Case Law Alert - 3rd Qtr 2010
In a section 1983 claim by an inmate, the Third Circuit reversed summary judgment granted to the officer but refused to hold that the PLRA imposes a strict timing requirement on institutional defendants.
The Third Circuit faced a challenge to the district court's grant of summary judgment in favor of the officer in an inmate's 42 U.S.C. section 1983 suit claiming denial of prompt medical treatment.
Case Law Alert - 3rd Qtr 2010
The Third Circuit holds that unsolicited internal complaints are not protected activities under the anti-retaliation provision of the Employee Retirement Income Security Act of 1974 ("ERISA").
In Edwards, the plaintiff alleged that she was terminated from her position as director of human resources after she "objected to and/or complained" to management about alleged ERISA violations.
Case Law Alert - 3rd Qtr 2010
Industrial accident board overturns utilization review determination and finds that disc replacement surgery was necessary and reasonable treatment for the claimant's compensable back injury.
The claimant sustained a low back injury on May 21, 2008, which was accepted as compensable by the employer. The claimant was paid compensation for total disability and certain medical expenses.
An agricultural society's demolition derby rough truck competition was not a governmental function and could not seek protection under sovereign immunity for a political subdivision.
This action arises out of a personal injury claim for sustained injuries. The trucking company constructed an obstacle course for a demolition derby-type rough competition at a fair hosted by the agricultural society.
Case Law Alert - 3rd Qtr 2010
The Supreme Court holds that a city's search of a police employee's text messages on a government-issued pager was reasonable and, therefore, did not violate the Fourth Amendment.
The Supreme Court was tasked with determining whether a government employer's search of an employee's text messages was reasonable or in violation of the Fourth Amendment.
Case Law Alert - 3rd Qtr 2010
Third Circuit holds that correctional officer is entitled to qualified immunity for incarcerating the plaintiff prisoner beyond the expiration of his maximum term of imprisonment.
The plaintiff, a former inmate, sued Graterford Prison and other defendants, including corrections official Pat Thompson, under 42 U.S.C. § 1983 for allegedly violating the plaintiff's rights under the Eighth Amendment.
Case Law Alert - 3rd Qtr 2010