Publications
New Jersey adopts choice-of-law approach to scope of application of New Jersey Law Against Discrimination.
The plaintiff was an Illinois resident who worked for a New Jersey-based employer at their Illinois location.
Case Law Alerts, 4th Quarter, October 2019
Statutory bad faith claim could survive dismissal even in the absence of a valid breach of contract claim.
The Eastern District reviewed this case involving a homeowner’s policy on a property in Philadelphia. The pro se plaintiff brought claims of breach of contract, statutory bad faith, negligence and unjust enrichment.
Case Law Alerts, 4th Quarter, October 2019
Court preserves an insurer’s right to enforce the one-year suit limitation clause without showing any degree of prejudice from the delay.
The Eastern District reviewed this case in which an ink cartridge refill machine was “misappropriated” at the insured’s business.
Case Law Alerts, 4th Quarter, October 2019
Understand how third-party vendors arrive at their estimates of destroyed personal property.
The Middle District reviewed this case involving homeowner’s insurance covering a property which suffered fire damage to its garage. The insurer retained a vendor to create an inventory of destroyed personal property.
Case Law Alerts, 4th Quarter, October 2019
Courts will allow plaintiffs time to develop proofs in order to conform to the court’s eve-of-trial dictates.
The plaintiff alleged the defendants negligently failed to develop evidence and expert testimony concerning the brain injury and economic loss he suffered as the result of a slip and fall accident.
Case Law Alerts, 4th Quarter, October 2019
The 2nd DCA expands Florida’s five-year statute of limitations to articles of incorporation in community associations.
Although Florida courts previously held that the five-year statute of limitations set forth in Florida Statute § 95.11(2)(b) applied to restrictive covenants, the 2nd DCA recently expanded this limitation to encompass amendments to
Case Law Alerts, 4th Quarter, October 2019
Involuntary commitment for observation pursuant to § 302 of Pennsylvania Mental Health Procedures Act is not an adjudication or commitment under 18 U.S.C. § 922(g)(4) sufficient to deny an application for purchase of or possession of a firearm.
Eastern District of Pennsylvania Judge Schmehl found that an involuntary commitment for observation pursuant to Section 302 of the Pennsylvania Mental Health Procedures Act (50 P.S.
Case Law Alerts, 4th Quarter, October 2019
Claimant has no standing to seek sanctions; did not suffer injury in fact related to deposition fee charged by employer’s medical expert.
The Board stated that the claimant failed to meet her burden of proving she had standing to bring the motion against the employer for a medical expert fee in excess of the amount permitted under the Practice Guidelines, which specifies that deposi
Case Law Alerts, 4th Quarter, October 2019
Superior Court disapproves Board’s decision that employer must pay for any medical treatment the claimant receives in the hospital where he is treated following a work-related injury.
The Superior Court reasoned that the Board had several alternative expert theories on causation but did not rely upon any of them.
Case Law Alerts, 4th Quarter, October 2019
Does termination from employment prevent an employer from arguing voluntary limitation of income with regard to temporary partial disability benefits?
Temporary partial disability benefits are payable to an injured employee if he has not reached overall maximum medical improvement and the medical condition creates restrictions on his ability to work.
Case Law Alerts, 4th Quarter, October 2019