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Pennsylvania Workers' Compensation January 1, 2010
The claimant suffered a low back injury and was unable to use his legs. He was confined to a wheelchair as a result of his injuries. Following the claimant's injury, the employer loaned the claimant money to purchase a house. The employer made..., Case Law Alert, 1st Qtr 2010
Pennsylvania Professional Liability January 1, 2010
Although not binding on Pennsylvania state courts, the United States District Court for the Western District of Pennsylvania has opined that a plaintiff asserting a claim for wrongful use of civil proceedings against an attorney pursuant to 42 Pa.C...., Case Law Alert - 1st Qtr 2010
Pennsylvania Workers' Compensation January 1, 2010
In this case, following her work injury, the claimant underwent an Impairment Rating Evaluation ("IRE"). The IRE physician determined that the claimant had an impairment rating of 15%. The employer then issued a Notice of Change of Workers’...
Pennsylvania Health Care Liability January 1, 2010
Interpreting the Fraud and Abuse Control Act, the Pennsylvania Supreme Court held the Department of Public Welfare ("DPW") is entitled to recover amounts paid for medical expenses of an incapacitated minor in claims where the parent's or guardian's..., Case Law Alert - 1st Qtr 2010
Federal Public Entity and Civil Rights Litigation January 1, 2010
The plaintiff mother, individually and as the Administratrix of her deceased son's estate, sued the defendants, a police officer, a police commissioner and a city, asserting excessive force claims under 42 U.S.C.S. § 1983and U.S. Const. amend. IV,..., Case Law Alert - 1st Qtr 2010
Pennsylvania Automobile Liability January 1, 2010
The Superior Court upheld an insurance policy's venue clause requiring a consumer to file suit in the county in which he or she lives, addressing an issue of first impression created by the abolition of the Pennsylvania's Insurance Department's..., Case Law Alert - 1st Qtr 2010
New Jersey Fraud/Special Investigation January 1, 2010
Because the carrier had alerted the plaintiff on numerous occasions that its policy of insurance contained limitations and conditions, the plaintiff was bound by the one-year suit limitation provision in the property insurance policy even though he..., Case Law Alert - 1st Qtr 2010
Delaware Professional Liability January 1, 2010
A law firm may recover fees for legal services, as set forth in an unsigned contract, if there was a meeting of the minds as to the terms of the agreement. The court explained that language or actions can demonstrate a meeting of the minds; it need..., Case Law Alert - 1st Qtr 2010
Federal Employment Law January 1, 2010
In Seybert, the plaintiff sought to exclude the introduction of a number of her email exchanges, which involved sexual content, pursuant to Federal Rule of Evidence 412. After an in camera review, the court denied the plaintiff's motion, holding..., Case Law Alert - 1st Qtr 2010
New Jersey Fraud/Special Investigation January 1, 2010
An insurer does not have the right to take a credit as part of its reduction from a DRP's award for payment of fees that it made to the preferred provider organization because that payment was not the payment of a benefit to the injured party., Case Law Alert - 1st Qtr 2010

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