Publications
Pennsylvania Supreme Court holds that the Construction Workplace Misclassification Act only applies to individuals who work for a business entity that performs construction services, not to an employer that is not in the business of construction.
The Supreme Court of Pennsylvania affirmed the decision of the Commonwealth Court and agreed with its interpretation of the Construction Workplace Misclassification Act.
Case Law Alerts, 4th Quarter, October 2018
Pennsylvania Supreme Court holds that subrogation of future benefits under Section 319 of the Act does not include medical benefits.
The Supreme Court held that for purposes of subrogation, the future credit/reimbursement rate percentage applies to future indemnity benefits, not to future medical expenses.
Case Law Alerts, 4th Quarter, October 2018
Pennsylvana Supreme Court holds that Heart and Lung benefits are not subrogable against an injured worker’s recovery from a third party tortfeasor.
The Supreme Court disagreed and affirmed the decision of the Commonwealth Court that, because Stermel v. WCAB (City of Philadelphia), 103 A.3d. 870 (Pa. Cmwlth.
Case Law Alerts, 4th Quarter, October 2018
A change in indoor games of chance to skill-based redemption games sparks a declaratory action as to what is a “recognized amusement park” pursuant to N.J.A.C. 13:3-1(a).
While the Township of Mt. Laurel admitted that an entity known as “The Funplex” is an amusement park, it argued that a “recognized” amusement park meant an accepted one expressly declared to exist pursuant to N.J.A.C.
Case Law Alerts, 3rd Quarter, July 2018
The arbitration clause in a waiver does not withstand from a prior agreement or a signature from a non-custodial adult.
The court denied a trampoline park’s motion to compel arbitration.
Case Law Alerts, 3rd Quarter, July 2018
New York Court of Appeals clarifies case law on comparative negligence and summary judgment.
The New York Court of Appeals decided “a question that has perplexed courts for some time.”; whether a plaintiff must show the absence of their own comparative negligence to obtain partial summary judgment on liability.
Case Law Alerts, 3rd Quarter, July 2018
Florida’s Supreme Court finds motions to enlarge do not toll the time to respond unless cause is established.
Twenty-nine days after the plaintiff served a proposal for settlement, the defendant filed a motion for enlargement to respond, arguing she did not have the opportunity to review the offer in light of new medical information disclosed by the plain
Case Law Alerts, 3rd Quarter, July 2018
Delaware Supreme Court expands upon Continuing Storm Doctrine decision in Laine by holding that it applies equally to landowners and snow/ice contractors.
The plaintiff slipped and fell during an ongoing snow storm. She sued, among others, the snow and ice contractor for the premises.
Case Law Alerts, 3rd Quarter, July 2018
A landowner or snow/ice contractor owes no duty to take pre-storm, precautionary measures to prevent the accumulation of snow or ice.
In a decision issued the same date as Day v. Wilcox Landscaping, Inc., 2018 Del. LEXIS 187 (Del.
Case Law Alerts, 3rd Quarter, July 2018
Know thy corporation’s logos, colors and location.
The plaintiff suffered serious injuries caused by a chunk of ice that crashed through the windshield of his car. He alleged the ice came from a FedEx tractor-trailer; therefore, his injuries were caused by FedEx’s negligence.
Case Law Alerts, 3rd Quarter, July 2018