First Department issues two decisions on prior injuries and discovery.
In two recent decisions, the First Department clarified discovery on prior or related injuries.
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
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
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
New Jersey Federal Court standard for approval of FLSA settlement.
The plaintiffs brought a collective action under both the FLSA and the NJWHL, alleging that they were forced to “work off-the clock.” After extensive litigatio
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Qualified immunity can protect an employer who provides a negative reference in response to an inquiry from a prospective employer.
The plaintiff’s conditional offer of employment with the Department of Veteran Affairs was revoked when it was notified by Community Hospital Group that the pl
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Claim of “garden variety” emotional distress damages doesn’t warrant defense medical evaluation.
The plaintiff sued various health care providers, alleging they refused to perform a hysterectomy—which was being sought for gender reassignment purposes—for d
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Claims under the Insurance Fraud Prevention Act cannot be supported by generalized, abstract grievances shared by a large number of similarly situated people.
Allstate Insurance Company, the State of New Jersey, Office of the New Jersey Attorney General, Office of the Commissioner of the New Jersey Department of Bank
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Marshall Dennehey attorneys successfully litigate complex asbestos case – non-suit obtained.
Kevin Hexstall and Mohamed Bakry (Philadelphia) successfully litigated a complex asbestos case, obtaining a non-suit on behalf of their client, a manufacturer of asbestos-containing building materials. The case involved a deceased 71-year-old mesothelioma plaintiff. There was an initial seven-figure dollar demand from plaintiff’s counsel. The lawsuit alleged the plaintiff was exposed to asbestos when employed as a construction product salesman from 1967 to 1972.
Legislation Proposed to Eliminate Burden of Proof for Workers Who Have Contracted the Coronavirus
On March 24, a co-sponsorship memo was introduced in the Pennsylvania House of Representatives calling for legislation that would eliminate the
The material in this newsletter has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggi