Publications
Employer may be required to provide temporary accommodation to disabled employee even if the the employee can’t perform all of the essential functions of their position.
The plaintiff, a female police officer, brought a claim against her employer under the New Jersey Pregnant Workers Fairness Act.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Pennsylvania Superior Court rules that credentialing files are not privileged.
In considering Dr. Petraglia’s application to its medical staff, St.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Automobile insurance policy provisions requiring a first-party inured to undergo an IME in order to seek first party benefits is against public policy, absent a court order.
All Pennsylvania automobile insurers are required to provide a minimum medical benefit of $5,000.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
First Department issues two decisions on prior injuries and discovery.
In two recent decisions, the First Department clarified discovery on prior or related injuries.
When credibility issues may impact the determination of material facts, summary judgment is not appropriate.
The Third District Court of Appeal held that the trial court erred in entering summary judgment for the defendant, a tire store, whose employee serviced a tire
Case Law Alerts, 2nd Quarter, April 2020 is prepared
New Jersey arbitration agreements must unambiguously inform plaintiffs that they are giving up right to pursue claims in court.
A motion to compel arbitration was denied on appeal.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Knowledge of reliance on expertise may bar release of gross negligence.
In this case, a release was effective in barring a claim in ordinary negligence and negligent hiring, as it was not the result of unequal bargaining.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Clarity in reason for summary judgment required.
An appeal of a summary judgment was granted when based on the plaintiff’s expert giving a net opinion.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Plaintiffs’ experts’ opinions barred because they disregarded the ‘hierarchy of scientific evidence.’
Pharmaceutical company Hoffmann-LaRoche Inc. secured a win in the long-running New Jersey Accutane litigation.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Plaintiff could not establish a prima facie case of negligence against deceased landlord because the Pennsylvania Dead Man’s Act prohibited plaintiff’s testimony about the cause fall.
In affirming summary judgment in a personal injury action involving a decedent’s estate, the Pennsylvania Superior Court held that the Pennsylvania Dead Man’s Ac
Case Law Alerts, 2nd Quarter, April 2020 is prepared