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More Than Testimony Is Needed to Establish an Emergency Call for Immunity Purposes

Cleveland
Public Entity & Civil Rights Litigation
April 1, 2024
A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the intersection.
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PA Superior Court Upholds Gist of the Action Doctrine to Bar Legal Malpractice Claim

Pittsburgh
Lawyers' Professional Liability
April 1, 2024
The Pennsylvania Superior Court affirmed the trial court’s dismissal of the appellant’s legal malpractice action against a law firm on the basis of the gist of the action doctrine.
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Household Vehicle Exclusion Once Again Enforced—Under the Appropriate Facts

Harrisburg
Insurance Services – Coverage & Bad Faith Litigation
April 1, 2024
The household vehicle exclusion has once again been proven to be viable and enforceable—under the right circumstances. Major was using her mother’s vehicle when she was struck by another vehicle operated by Cruz.
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Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
April 1, 2024
The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property after Hurricane Irma. American Coastal paid San Marco for the claimed damage.
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New Jersey Appellate Division Addresses the Statute of Limitations Accrual Date in a Constructive Discharge Claim Brought Under the NJLAD and CEPA

Mount Laurel
Employment Law
April 1, 2024
This appeal involved the analysis of the accrual date in the context of a constructive discharge claim brought under the New Jersey Law Against Discrimination (LAD) and the Contentious Employee Protection Act (CEPA).
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Sixth Circuit Discredits IRS Mileage Rate as Sufficient Payment to Employee Drivers Under the FLSA

Cleveland
Employment Law
April 1, 2024
The Sixth Circuit recently considered a consolidated appeal regarding how delivery drivers should be reimbursed for the cost of providing their vehicles for work.
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A Cautionary Tale – Diary, Diary, Diary

Roseland
Architectural, Engineering & Construction Defect Litigation
April 1, 2024
It is a well-known tenet of law in New Jersey that a party has 30 days from the arbitration award to file a trial de novo, rejecting the arbitration award and returning the matter to the trial calendar.
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Competent, Substantial Evidence Is the Name of the Game in Construction Disputes

Tampa
Architectural, Engineering & Construction Defect Litigation
April 1, 2024
It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial, as opposed to a trial by jury.
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Pennsylvania Supreme Court to Review Constitutionality of Sovereign Immunity–Based Damages Cap

Philadelphia - Headquarters
Appellate Advocacy & Post-Trial Practice
April 1, 2024
States, including the Commonwealth, enjoy immunity from suit and have since “before the ratification of the Constitution.” Goldman v. Septa, 57 A.3d 1154, 1172 (Pa. 2012) (quoting Alden v. Maine, 527 U.S. 706, 713 (1999)).
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Pennsylvania Supreme Court Holds that No Felony Conviction Recovery Rule Barred Medical Malpractice and Indemnification Claims

King of Prussia
Health Care Liability
April 1, 2024
Both the trial court and the Superior Court found that the plaintiff’s claims were barred by the no felony conviction recovery rule.
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