Publications
The defendant port authority's alleged negligent placement of a bus wheelchair ramp did not fall within the vehicle exception to sovereign immunity because neither the ramp nor the bus was moving at the time of plaintiff's alleged injury.
The defendant Port Authority's alleged negligent placement of a bus wheelchair ramp did not fall within the vehicle exception to sovereign immunity because neither the ramp nor the bus was moving at the time of the plaintiff's alleged in
Case Law Alert - 1st Qtr 2010
Third circuit emphasizes importance of proper prosecution of underlying criminal charges in a civil rights suit, holding that fourth amendment claim of an illegal search can be overcome by plaintiff's unsuccessful attempt at suppression.
The plaintiff, a state prisoner, filed a civil rights complaint against the defendants, a detective, an officer and a district attorney, claiming that his Fourth Shepardize, Fifth, and Fourteenth Amendment rights had been violated in connection wi
Case Law Alert - 1st Qtr 2010
In a case with serious implications for law enforcement, the eastern district of Pennsylvania court has held that the need for a foot pursuit policy may be so obvious as to subject a department without one to Monell liability.
The plaintiff mother, individually and as the Administratrix of her deceased son's estate, sued the defendants, a police officer, a police commissioner and a city, asserting excessive force claims under 42 U.S.C.S. § 1983and U.S. Const.
Case Law Alert - 1st Qtr 2010
Where appellant argues that the weight of the evidence requires a new trial, an appellate court cannot address appellant's arguments without resorting to complete relevant portions of the transcript of the trial proceedings.
This action arises out of a motor vehicle accident where the defendant-driver's vehicle slid into the back of the victim's vehicle at an intersection. The parties stipulated that the driver's negligence caused the accident.
Case Law Alert - 1st Qtr 2010
Twelve-part test for employment must be used to determine whether independent contractor is considered to be an employee of putative employer for purposes of protection under the New Jersey Law Against Discrimination.
The plaintiff was employed by Sisley Cosmetics and was assigned to work at a Sisley Cosmetics counter in a Neiman Marcus department store. She asserted that she was wrongfully terminated due to a physical handicap.
Case Law Alert - 1st Qtr 2010
Delaware Supreme Court rejects the claimant's appeal and holds that board did not err in limiting award of counsel fees since it was not required to consider the non-monetary benefits gained for the claimant.
The claimant injured his shoulder and filed a petition to determine compensation due.
Plaintiff asserting claim for wrongful use of civil proceedings against attorney pursuant to 42 PA.C.S. 8351, et seq. (Dragonetti Act) required to file certificate of merit pursuant to PA. R. C. P. 1042.3.
Although not binding on Pennsylvania state courts, the United States District Court for the Western District of Pennsylvania has opined that a plaintiff asserting a claim for wrongful use of civil proceedings against an attorney pursuant to 42 Pa.
Case Law Alert - 1st Qtr 2010
The Third Circuit determines that the McDonnell Douglas test should be utilized in the analysis of an age discrimination case despite the Supreme Court's holding in Gross v. FBL Financial Services, Inc.
In Smith, the Third Circuit Court of Appeals determined that the but-for causation standard required by the United States Supreme Court in Gross v.
Case Law Alert - 1st Qtr 2010
An out-of-state driver whose insurance carrier does not do business in New Jersey cannot invoke the verbal threshold as a defense in a New Jersey lawsuit over an accident that occurred in New Jersey.
The plaintiff, a Pennsylvania resident, sued the defendant for alleged damages resulting from the defendant rear-ending the plaintiff’s truck in New Jersey.
Case Law Alert - 1st Qtr 2010
Department of Public Welfare is entitled to reimbursement from tortfeasor for Medicaid benefits paid on behalf of incapacitated minor even if parent's claim is barred by the statute of limitations.
Interpreting the Fraud and Abuse Control Act, the Pennsylvania Supreme Court held the Department of Public Welfare ("DPW") is entitled to recover amounts paid for medical expenses of an incapacitated minor in claims where the parent'
Case Law Alert - 1st Qtr 2010