.png)
Publications
Judicial review of a final award in appraisal is “severely limited.”
The Superior Court reviewed a trial court order granting summary judgment in favor of an insurer on claims for breach of contract and bad faith. The underlying case centered on provisions in a commercial property policy that governed appraisal.
Case Law Alerts, 3rd Quarter, July 2019
Restrictions on leave to amend in construction and design defect cases.
Although Florida courts tend to permit the liberal amendment of pleadings, a recent ruling by the 3rd DCA imposed a limit.
Case Law Alerts, 3rd Quarter, July 2019
In the age of eCourts and electronic filing, New Jersey courts will not give attorneys leeway to plead ignorance of the amended rules.
This appeal concerned the use of eCourts in New Jersey and the potential to lead to possible professional liability for failure to use the electronic filing system.
Case Law Alerts, 3rd Quarter, July 2019
Superior Court reversed 2017 decision that contempt proceedings cannot constitute “civil proceedings” for purposes of bringing a Dragonetti action.
The plaintiff, an attorney, was sanctioned over $900,000 for her handling of an expert in a medical malpractice action. The sanctions were subsequently reversed.
Case Law Alerts, 3rd Quarter, July 2019
Third Circuit precedent does not permit litigants to bring sexual orientation discrimination claims under Title VII.
In May, a federal judge sitting in the Middle District of Pennsylvania dismissed a lawsuit filed by a gay aluminum manufacturing worker who had claimed he was subjected to harassment and a hostile work environment on the basis of his sexual orient
Case Law Alerts, 3rd Quarter, July 2019
Appellant Division affirmed granting of summary judgment based on New Jersey Tort Claims Act.
The plaintiff left work when a snow storm caused an emergency early closing. She slipped on accumulated ice and snow that was un-shoveled and unsalted.
Case Law Alerts, 3rd Quarter, July 2019
Travel time of one hour and fifteen minutes exceeds the permissible time allowed under AHCA Rule 59A-23.003(6) of sixty minutes.
After the claimant filed a petition for benefits, there was a dispute over the employers’ selection of a pain management physician. According to the employer, they have the right to select the doctor.
Case Law Alerts, 3rd Quarter, July 2019
Second opinion referral granted even though workers’ compensation law does not provide for same.
This case involved a claimant with a severe crush injury to his left foot and ankle. The claimant made a claim for authorization for a second opinion with a plastic surgeon.
Case Law Alerts, 3rd Quarter, July 2019
First DCA finds that the work-from-home arrangement does not mean that the employer imports the work environment into a claimant’s home and the claimant’s home into the work environment.
The claimant worked as a remote employee. On the date of injury, she took a break from her work to get coffee. As she reached for a cup in her kitchen, she fell over one of her two dogs.
Case Law Alerts, 3rd Quarter, July 2019
An employer is not entitled to Supersedeas Fund reimbursement of unilaterally withheld medical benefits that are retroactively paid pursuant to a judge’s order.
The employer accepted liability for work injuries the claimant suffered in a vehicular accident but later learned he was intoxicated and had been charged with driving under the influence.
Case Law Alerts, 3rd Quarter, July 2019