Even if at work, dressed for work and wearing a work badge, an employee is not thought to be acting within the scope of his or her employment if not on duty on the employer’s behalf when the incident occurs.

Fort Lauderdale
Employment Law
The Third District affirmed the trial court’s decision to enter summary judgment in favor of the employer. One of the employer’s employees, Maria Rosario, hit the plaintiff with her shopping cart at approximately 5:29 PM. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Third Circuit maintains a high bar for use of witness affidavits to defeat summary judgment.

Philadelphia - Headquarters
Employment Law
The plaintiff sued her employer, alleging that they had violated her rights under the Americans with Disabilities Act (ADA), Pennsylvania Human Relations Act (PHRA) and the Philadelphia Fair Practices Ordinance (PFPO). Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Third Circuit finds that four to six weeks between an employee’s internal complaint and his termination is “not unduly suggestive” of retaliatory animus under Title VII.

Philadelphia - Headquarters
Employment Law
The plaintiff sued his employer alleging, inter alia, that he was terminated in retaliation for reporting sexual misconduct at work in violation of Title VII of the Civil Rights Act of 1964. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Third Circuit holds deductions in paid time off do not equate to improper deductions in salary under the FLSA.

Philadelphia - Headquarters
Employment Law
The plaintiff and several co-plaintiffs filed a collective action and putative class action, alleging that their employer made improper deductions from their accumulated paid time off (PTO) in violation of the Fair Labor Standards Acts (FLSA). Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Pennsylvania Supreme Court rules that groups appealing environmental permits may recover legal fees from companies.

Pittsburgh
Architectural, Engineering & Construction Defect Litigation
Environmental & Toxic Tort Litigation
A Pennsylvania Supreme Court decision arising from two separate cases has made it significantly easier for public and environmental groups to be reimbursed for legal fees when they successfully appeal environmental permits. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Proposed revision to Florida statute sits before the House that would require building code violations to be “material” to trigger claim under 553.84.

Tampa
Architectural, Engineering & Construction Defect Litigation
Florida Statute 553.84 creates a cause of action for any person damaged as a result of any building code violation against any party who committed that building code violation in the construction of the building. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Anger, guns and squirrels create problems begetting problems: En banc Pennsylvania Superior clarifies collateral estoppel effect of criminal conviction.

Philadelphia - Headquarters
Appellate Advocacy & Post-Trial Practice
Lloyd Thomas, who had some history of mental instability, was to watch his father’s property, which included a small gun shop. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Plaintiff in med mal action must present expert testimony explicitly establishing standard of care in med mal context; cannot rely only on expert testimony in original workers’ comp case that complained surgeries were not medically necessary.

Philadelphia - Headquarters
Health Care Liability
The plaintiff was injured at work, herniating discs in her spine. She underwent an anterior cervical discectomy and fusion procedure performed by the defendant, Dr. Salkind. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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