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Federal Employment Law July 1, 2010
The plaintiff filed a claim under the Americans with Disabilities Act ("ADA") following his termination from employment, arguing that the side effects of medications he was taking to treat his obesity and sleep apnea were "impairments" under the ADA..., Case Law Alert - 3rd Qtr 2010
New Jersey Professional Liability July 1, 2010
The Supreme Court of New Jersey allowed a legal malpractice suit to go forward in a ruling that clarified the circumstances in which clients who become disenchanted with settlements can sue their attorneys for negligence. In Guido v. Duane Morris, a..., Case Law Alert - 3rd Qtr 2010
New Jersey Employment Law April 1, 2010
Following a jury trial, the plaintiff was awarded $724,000 in economic damages and $500,000 in punitive damages. The jury awarded nothing for emotional distress or for pain and suffering. The evidence at trial was that the plaintiff retired on a..., Case Law Alert - 2nd Qtr 2010
Florida Health Care Liability April 1, 2010
The Supreme Court found that the District Court erred in granting a new trial on the basis of an improper argument by plaintiff's counsel during closing argument. During closing argument, plaintiff's counsel began to argue that the defendant-doctor..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Architectural, Engineering and Construction Defect Litigation April 1, 2010
The Massachusetts state court recently held that a plaintiff claiming design negligence for the placement of a fence post around a softball diamond could not defeat the defendant's, the architect, Motion for Summary Judgment. The court specifically..., Case Law Alert - 2nd Qtr 2010
Florida Automobile Liability April 1, 2010
The plaintiff insurance company brought a declaratory judgment action against the insureds where the plaintiff sought an order that it had no duty to indemnify the insured to a consent judgment entered against them in an underlying lawsuit. The..., Case Law Alert - 2nd Qtr 2010
Florida Real Estate E&O Liability April 1, 2010
In the state of Florida's first reverse foreclosure, a Miami-Dade Circuit Court judge has forced a bank to take title to a property from a homeowners association. A reverse foreclosure is a new tool that can force banks to pay association..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Workers' Compensation April 1, 2010
This is a case that was reconsidered by the Commonwealth Court after the court granted a Petition for Reconsideration of a July 29, 2000, opinion. In this case, following the claimant's work injury, a Functional Capacity Evaluation ("FCE") was...
New Jersey Fraud/Special Investigation April 1, 2010
Where the plaintiff's action seeking a declaration that it had no obligation to provide the defendant with personal injury protection benefits or to defend and indemnify her on claims arising from her operation of a car insured by it resulted in a..., Case Law Alert - 2nd Qtr 2010
Delaware Automobile Liability April 1, 2010
An underinsured driver struck the insured-plaintiff's vehicle. The insured tendered bodily injury policy limits to her insurer, State Farm. The insured then offered, in writing, to settle with the insurer and kept the offer open for 30 days. When..., Case Law Alert - 2nd Qtr 2010

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