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New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2011
This case dealt with personal liability of a home improvement contractor under the Consumer Fraud Act (“CFA”). In this case, the trial court dismissed the individual defendants and only imposed liability upon the corporate entity for the CFA..., Case Law Alert - 1st Qtr 2011
New York Insurance Coverage/Bad Faith Litigation January 1, 2011
The policy specified that notice of a claim must be given to “any agent of ours” within the state and that such notice must be written. Where the insured provided oral notice of a claim to its insurance broker, who was not an agent of the insurer,..., Case Law Alert - 1st Qtr 2011
Florida Product Liability January 1, 2011
Claudette Campbell was a smoker who survived bladder cancer, but a Tampa jury was unwilling to conclude that the bladder cancer resulted from an addiction to smoking., Case Law Alert - 1st Qtr 2011
Ohio Automobile Liability January 1, 2011
The plaintiff, a decedent's estate administrator ("EA"), filed suit against the defendant, the Ohio State Highway Patrol ("OSHP"), alleging that a trooper was negligent when he arrested the driver of a car in which the decedent was riding and left..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
Following the claimant's work injury, he received a third party recovery, and a Third Party Settlement Agreement was executed. Pursuant to that agreement, the employer was to reimburse the claimant $216.88 per week for a period of 1,353.6 weeks. The...
Florida Product Liability January 1, 2011
Webb was brought by the daughter of deceased smoker James Kayce Horner. The decedent started smoking at age 17 in 1934 and smoked for more than 60 years until he died of lung cancer March 11, 1996, at age 78. The decedent smoked the Reynolds brands..., Case Law Alert - 1st Qtr 2011
New Jersey Employment Law January 1, 2011
The plaintiff, a New Jersey resident with quadriplegia, instituted suit under the ADA and alleged that two Atlantic City hotel/casinos were mandated to remove architectural barriers. The defendants challenged the plaintiff's standing to pursue the..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The claimant filed a penalty petition for late payment of a settlement that was part of an approved Compromise and Release Agreement. The decision approving the settlement was circulated on October 17, 2008, and the settlement payment was made on...
New Jersey Professional Liability October 1, 2010
A plaintiff who settles a case based on the attorney's negligent representation may proceed in suit against that attorney without seeking first to vacate or repudiate the complained-of settlement, even though the plaintiff previously represented..., Case Law Alert - 4th Qtr 2010
Delaware Workers' Compensation October 1, 2010
This case involved a Petition to Determine Compensation Due, alleging the claimant was injured on October 2, 2008, when he tripped over a pallet inside his employer's truck causing him to fall four feet to the ground. The alleged injuries sustained...

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