Publications
Ohio Appeals Court Affirms Class Certification in Auto Insurance Total Loss Valuation Dispute; Ohio Supreme Court Review Pending
The plaintiffs filed a class action lawsuit in the Cuyahoga County Common Pleas Court, alleging that an insurer’s use of projected sold adjustments (PSA) in calculating the actual cash value (ACV) of vehicles when settling total loss claims was ar
Superior Court Enforces Forum Selection Clause, Dismissing UTPCPL Claim and Transferring Breach of Contract and Bad Faith Claims Against Carrier to Insured’s Home County
The plaintiff, Robert Mark Winner, was rear-ended by another driver and suffered alleged injuries. Winner brought a claim against the other driver and also notified his own auto insurer, Progressive, that he was making a UIM claim.
Delaware Supreme Court Upholds Dismissal of Legal Malpractice Claims Based on Collateral Estoppel
The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral estoppel doctrine.
Court Rejects Qualified Immunity for Detectives Accused of Fabricating Evidence in 1978 Murder Case
In 2008, Lee Evans was charged with the disappearance and murder of five boys in 1978 based on an allegedly coerced confession of one man. A jury acquitted Evans of all charges, and he then brought claims for malicious prosecution.
Court Dismisses Inmate’s § 1983 Civil Rights Complaint as Time-Barred and Legally Deficient
The plaintiff, Javier Gomez, an inmate at SCI-Coal Township, brought a civil rights action under 42 U.S.C. § 1983. Gomez alleged that on July 14, 2022, a fellow inmate, Higgin, assaulted him.
Ordinance Enacted to Prohibit Cannabis Business in Asbury Park Does Not Rise to the Level of ‘Shock the Conscience’
In Breakwater Treatment and Wellness Corp. v. The City of Asbury Park, Civil Action No. 23-3661 (D.N.J.
Legal Updates for New Jersey Public Entity & Civil Rights
More Insight from the Industrial Accident Board to Assist in Correctly Calculating the Average Weekly Wage
It is important to correctly calculate the average weekly wage (AWW) from the beginning of the claim. The AWW is the starting point for calculating the rate that is used to pay all non-medical benefits. The pertinent statute is 19 Del.
What’s Hot in Workers’ Comp, Vol. 29, No.