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Florida Product Liability January 1, 2011
This case was originally tried in August to a jury that deadlocked. On retrial, the jury found that even though a cigarette addiction was the legal cause of the plaintiff's COPD, she should have known before May 5, 1990, (four years prior to the..., Case Law Alert - 1st Qtr 2011
Florida Insurance Coverage/Bad Faith Litigation January 1, 2011
The plaintiffs alleged bodily injury and property damage resulting from the defendants’ pollution of groundwater and soil with hazardous toxic chemicals. Though the complaint pled multiple counts of negligence, statutory violations, nuisance and..., Case Law Alert - 1st Qtr 2011
New Jersey Fraud/Special Investigation January 1, 2011
The plaintiff filed this action seeking a declaration of coverage after a jury in the underlying matter convicted the defendant's insured of intentional assault and battery and awarded her $250,000. The defendant had provided a defense after issuing..., Case Law Alert - 1st Qtr 2011
Pennsylvania Automobile Liability January 1, 2011
The appellant was not entitled to a new trial based on after-discovered evidence that the opposing party's testifying experts were not licensed where the appellant had the ability to discover that evidence at the time of trial through reasonable..., Case Law Alert - 1st Qtr 2011
Florida Product Liability January 1, 2011
The plaintiff spoke through a hole in his throat as a result of laryngeal cancer surgery and suffered from COPD and other types of cancer as well. The case was originally tried in May 2010, but a mistrial was declared. On retrial, the jury found..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The claimant filed a utilization review Request, seeking to increase unskilled home assistance that was being provided to her. The reviewer found that the increase in assistance was reasonable and necessary, and the employer filed a Petition for...
Delaware Architectural, Engineering and Construction Defect Litigation January 1, 2011
In this construction contract dispute, the court awarded prejudgment interest, but not attorneys fees, to a roofing contractor under the Delaware Construction Prompt Payment Act, 6 Del. C. § 3506 where the owner failed to give specific notice within..., Case Law Alert - 1st Qtr 2011
Florida Product Liability January 1, 2011
Phyllis Frazier contracted COPD almost 20 years ago and required oxygen to breathe, despite undergoing a lung transplant. The jury agreed that a smoking addiction was the legal cause of her injury but concluded that she should have known prior to..., Case Law Alert - 1st Qtr 2011
Federal Public Entity and Civil Rights Litigation January 1, 2011
On August 11, 2006, at approximately 1:30 a.m., Pennsylvania State Police (PSP) Corporal Brian Barnhart and PSP Trooper Nathaniel Lieberum observed Revak driving erratically and speeding in his truck. The officers engaged the overhead lights and..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The claimant in this case received workers' compensation benefits as a result of the death of her husband. The employer filed a termination petition to stop payment of benefits because the widow was involved in a meretricious relationship with...

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