| Marshall Dennehey

Supreme Court did not intend Protz II to be given full retroactive effect or to nullify the statute of repose in § 413(a).

July 1, 2020

The claimant sustained a work injury on November 9, 2001. In 2003, she was awarded total disability benefits. What's Hot in Workers' Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of intere

Employer’s payment of medical expenses under a Medical Only Temporary Notice of Compensation Payable does not toll the Act’s statute of limitations when the payments were not made in lieu of compensation.

King of Prussia

Workers' Compensation

July 1, 2020

The claimant was injured in a work-related motor vehicle accident on May 15, 2014. What's Hot in Workers' Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of intere

The First District Court of Appeal finds, because of its unreasonable delay, the employer failed to provide the alternate physician and competent substantial evidence existed to support the factual finding.

Jacksonville

Workers' Compensation

July 1, 2020

The claimant sustained a compensable work injury in 2015 and was authorized to treat with Dr. What's Hot in Workers' Comp

Legal malpractice claim against a public defender is subject to New Jersey Tort Claims Act.

Mount Laurel

Public Entity & Civil Rights Litigation

July 1, 2020

The New Jersey Supreme Court affirmed summary judgment to the public defender, holding that the plaintiff’s legal malpractice claim against the Case Law Alerts, 3rd Quarter, July 202

Dismissal of wrongful use of civil proceedings claim against attorney affirmed.

Philadelphia - Headquarters

Lawyers' Professional Liability

July 1, 2020

On March 6, 2020, the Pennsylvania Superior Court affirmed the trial court’s dismissal of the plaintiff’s wrongful use of civil proceedings claim against a lende

There is no bad faith when an insurer has a reasonable basis for denying coverage.

Philadelphia - Headquarters

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

The U.S. Case Law Alerts, 3rd Quarter, July 202

Trial court erred by not granting the carrier a reasonable time after it had ruled on the non-privilege objection to provide a privilege log.

Orlando

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

After the insurance carrier denied the homeowners’ hurricane water damage claim, the homeowners filed suit. Case Law Alerts, 3rd Quarter, July 202

New Jersey lacks general or specific jurisdiction over a foreign corporation even when the employee lives in New Jersey and works one day a week from her home office.

Mount Laurel

Employment Law

July 1, 2020

The defendant corporation was organized under the laws of New York and had its principal place of business in Staten Island. Case Law Alerts, 3rd Quarter, July 202

Plaintiff cannot state an “interference” claim under FMLA based on actions taken after he has exhausted his FMLA entitlement.

Mount Laurel

Employment Law

July 1, 2020

The plaintiff requested and received FMLA benefits. Case Law Alerts, 3rd Quarter, July 202

Transgender plaintiff in NJLAD claim is entitled to recover attorney’s fees and costs even when only equitable relief is awarded.

Mount Laurel

Employment Law

July 1, 2020

The plaintiff, who is transgender, alleged that he was subjected to hostile treatment during his arrest and due to his gender identity. Case Law Alerts, 3rd Quarter, July 202

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