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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
New Jersey Fraud/Special Investigation January 1, 2010
In this action alleging that the defendant Health Net had unlawfully refused to renew the plaintiff-doctors' contracts to provide health care services as part of its insurance network, the panel affirms the trial court's grant of summary judgment in..., Case Law Alert - 1st Qtr 2010
New York Trucking & Transportation Liability January 1, 2010
The plaintiff was a passenger on the defendant's bus and sued to recover personal injury damages allegedly arising out a motor vehicle collision between the defendant's bus and a third party's vehicle. The plaintiff must establish a "serious injury..., Case Law Alert - 1st Qtr 2010
New Jersey Fraud/Special Investigation January 1, 2010
The DPR's award in this dispute regarding the defendant's denial of payment for a discogram is vacated since the procedure was medically necessary and the certified professional coder used by the defendant to determine Usual, Customary and..., Case Law Alert - 1st Qtr 2010
Ohio Trucking & Transportation Liability January 1, 2010
The plaintiff filed this action for damages after he collided with a CSX train while attempting to cross a railroad track, making a state law claim that CSX failed to provide adequate warning devices at the railroad crossing. This issue presented is..., Case Law Alert - 1st Qtr 2010
Ohio Employment Law January 1, 2010
An employer granted an employee suffering from reactive depression limited FMLA leave for treatment and for the period for recovery from treatment. As a result of a blackout, allegedly caused by his depression, the employee did not timely notify his..., 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 Health Care Liability January 1, 2010
The Appellate Division upheld the dismissal of the plaintiff's wrongful death complaint because it was filed beyond the applicable statue of limitations. The court rejected the plaintiff's argument that the discovery rule should apply because the..., Case Law Alert - 1st Qtr 2010

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