Publications
CEPA does not allow a recovery for future wage loss absent a showing of an actual or constructive termination.
Following a jury trial, the plaintiff was awarded $724,000 in economic damages and $500,000 in punitive damages. The jury awarded nothing for emotional distress or for pain and suffering.
Case Law Alert - 2nd Qtr 2010
A Miami-Dade Circuit Court judge has forced a bank to take title to a property from a homeowners association.
In the state of Florida's first reverse foreclosure, a Miami-Dade Circuit Court judge has forced a bank to take title to a property from a homeowners association.
Case Law Alert - 2nd Qtr 2010
Ohio statutory procedures supersede township regulations in the termination of a township police officer.
A township police officer was terminated after the officer refused to submit to a psychological examination prompted by citizen complaints.
Case Law Alert - 2nd Qtr 2010
Plaintiff cannot obtain record discovery prior to completion of statutorily required informal delivery.
The plaintiff served a notice of intent to initiate litigation for medical malpractice against a pediatric neurologist and, upon the completion of the pre-suit period, filed suit against the neurologist.
Case Law Alert - 2nd Qtr 2010
No design defect as running into a fence post in a softball game is inherently dangerous.
The Massachusetts state court recently held that a plaintiff claiming design negligence for the placement of a fence post around a softball diamond could not defeat the defendant's, the architect, Motion for Summary Judgment.
Case Law Alert - 2nd Qtr 2010
Prevailing wage law penalties are mandatory in an employee-initiated enforcement action.
Chapter 4115 of the Ohio Revised Code requires contractors and others to pay prevailing wages on construction projects involving public improvements.
Case Law Alert - 2nd Qtr 2010
Utah may become the first state to pass an anti-cybersquatting law.
Cybersquatting is the bad faith use of an Internet domain name with the intent to profit from someone else's trademark.
Case Law Alert - 2nd Qtr 2010
Appellate review of national arbitration forum arbitration awards
The Alternative Procedure for Dispute Resolution Act (APDRA), N.J.S.A. 2A:23A-1 to -30, declares that, following a trial court's judgment confirming, modifying or correcting an award, “[t]here shall be no further appeal or review,” N.J.S.A.
Case Law Alert - 2nd Qtr 2010
No liability for aircraft owner under federal law.
A Florida appeals court affirmed the grant of summary judgment in favor of an aircraft owner in a wrongful death action, concluding that 49 U.S.C. § 44112 preempts Florida's dangerous instrumentality law.
Case Law Alert - 2nd Qtr 2010
2009 Changes to Florida Statute 558 et. al.
Florida has a notice and Right to Repair statute, F.S. 558, et seq, which was first promulgated in 2003. The Legislature enacted this statute to allow for the notification of potential construction defect claims prior to litigation.
Case Law Alert - 2nd Qtr 2010