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Publications
Pennsylvania Superior Court decides issue of first impression regarding assignment of claims.
The Pennsylvania Superior Court decided a matter of first impression regarding the assignment of a claim by one contracting party, against another contracting party, to a non-contracting party without the would-be defendant’s consent, despite an a
Case Law Alerts, 1st Quarter, Janu
Need for competent physician testimony to establish proximate cause in nursing malpractice matters.
The plaintiff argued that her decedent developed pressure sores to her sacrum and heels at the defendant hospital, which worsened there, and later at nursing facilities, causing her pain and suffering and contributing to her death the following ye
Case Law Alerts, 1st Quarter, Janu
New Jersey’s Prompt Pay Act requires exactly that – prompt payment.
The New Jersey Prompt Payment Act (the Act) provides that if a contractor or subcontractor is not paid in a timely manner, they can sue for full payment for any work actually performed.
Case Law Alerts, 1st Quarter, Janu
Possible major changes in Florida construction litigation.
Senate Bill 736 proposes drastic changes to Florida Statute Sections 95.11 and 558.004, which, if enacted, will greatly impact construction litigation in Florida.
Case Law Alerts, 1st Quarter, Janu
New Florida law mandates additional reporting requirements for newly retained independent contractors.
Beginning October 1, 2021, Florida businesses are required to report new hire information for independent contractors to the Florida Child Support Program.
Case Law Alerts, 1st Quarter, Janu
Questions on job application lead to suit against Florida employer.
A December 8, 2021, decision in the U.S. District Court for the Middle District of Florida means a lawsuit against a Lee County library will continue.
Case Law Alerts, 1st Quarter, Janu
Expungement of information related to settled customer dispute arising out of complaint not made by customer or person authorized to act on customer’s account.
The FINRA arbitrator made a ruling pursuant to FINRA Rule 2080 that the customer’s claim, allegation, or information was factually impossible or clearly erroneous.
Case Law Alerts, 1st Quarter, Janu
FINRA arbitration panel requires counsel to submit COVID-19 test result.
FINRA currently requires proof of vaccination or a negative COVID-19 test within 72 hours of the start of live hearings.
Case Law Alerts, 1st Quarter, Janu
NJ Appellate Division remands for a “more robust application” of Ullmann test in light of discovery demands seeking the production of business entity tax returns.
This matter involved a discovery dispute in a wrongful discharge employment matter. During discovery, the plaintiff sought the production of the tax returns and financial statements of his former employer, a closely-held corporation.
Case Law Alerts, 1st Quarter, Janu
Partial dismissal granted under Fed. R Civ.P 12(b)(6) for failure to pled a feasible alternative design.
The plaintiff sued for injuries she claimed she suffered while riding a roller coaster.
Case Law Alerts