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New Jersey Amusements, Sports and Recreation Liability July 1, 2017
The trial court ruling that res ipsa loquitur was inapplicable was reversed because expert testimony was required to determine why or how the sprinkler system could turn on. The plaintiff claimed she was injured when a ground-level sprinkler system..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New York Consumer Financial Services Litigation & Compliance July 1, 2017
The United States District Court for the Eastern District of New York recently clarified that it is not false, deceptive, or misleading or a violation of Section 1692e of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et al., when a..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Workers' Compensation July 1, 2017
Because there have been so many instances where a claimant is confronted with the Statement of Facts in the Determine Compensation Due petition and testifies that he or she has never even seen it nor signed it, the Board emphasized that the best..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability July 1, 2017
The plaintiff’s claim, that she fell and hit her head in a fitness class due to running too fast and fell into a wall, was dismissed as Assumption of the Risk by the trial court. The appellate court found the opposite. According to the..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Employment Law July 1, 2017
The district court in the Eastern District of Pennsylvania was tasked to determine whether the plaintiff, who alleged that he was subjected to gay slurs and physically assaulted at the workplace, could sustain a Title VII claim premised upon sexual..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation July 1, 2017
The claimant’s bills for physical therapy treatment were being submitted to the workers’ compensation carrier by pt Group, but the actual services were performed by The Physical Therapy Institute (PTI). According to an exception to..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Amusements, Sports and Recreation Liability July 1, 2017
The plaintiff was injured at a rubber mallet game when the mallet bounced off the strike pad and hit him in the face. A several-count motion for summary judgment was denied as to the striking expert witnesses for his breach of duty opinion. However..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Employment Law July 1, 2017
The court granted the employer’s motion to dismiss the plaintiff’s disability discrimination claim pursuant to the Americans with Disabilities Act, finding that the impairment pled—a stomach problem—did not constitute a..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation July 1, 2017
The Commonwealth Court affirmed the decisions of the Workers’ Compensation Judge and the Appeal Board in which they dismissed the claim petition and applied the 2010 Construction Workplace Misclassification Act in finding the claimant to be an..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida General Liability July 1, 2017
Mr. Persaud rear-ended a vehicle that resulted in the death of the driver, Mr. Santiago, and the passenger, Mr. Batista. Mr. Persaud was convicted of two counts of DUI manslaughter and sentenced to two life sentences. During the compensatory phase..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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