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SIGNIFICANT CASE SUMMARIES Virginia Case Summary Nestler v. Scarabelli Virginia Court of Appeals Nos. 0497-22-2, 0421-22-2 Decided: May 2, 2023 Fraudulent inducement damages can be the difference between the contract value and what was received; measure of damages insufficient to convert fraudulent inducement into contract claim. Background In two dueling and related suits, Dr. Tiziano… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Elite Care, RX, LLC v. Premier Comp Solutions Superior Court of Pennsylvania No. 1144 WDA 2020 Decided: May 23, 2023 Non-providers that allege wrongfully denied medical bills may pursue an action against the workers’ compensation insurance carrier in the Court of Common Pleas. Background Elite Care was a billing… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Rankin v. Go Mart Inc. Virginia Workers’ Compensation Commission VA02000037598 Decided May 26, 2023 When a convenience store clerk clocked out, played the lottery, and used the restroom, she was still in the course of employment when she subsequently fell. Background Claimant worked as a clerk at a gas… read more

SIGNIFICANT CASE SUMMARIES Federal Case Summary Johnson v. Keane Group Holdings, LLC United States District Court for the Middle District of Pennsylvania No. 4:20-CV-00491 Decided: May 3, 2023 A finding of gross negligence does not require evidence of recklessness. Background This matter arose out of a contract dispute between Seneca Resources Company, and Patrik’s Water… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Franczyk v. The Home Depot, Inc. Pennsylvania Supreme Court No. 11 WAP 2022 Decided: April 19, 2023 The exclusivity provision of the Workers’ Compensation Act precludes an employee from pursuing a tort claim against her employer, despite affirmative conduct that impedes the employee’s ability to seek relief against a… read more