News
November 01, 2022
eNotes: Liability – November 2022 – New Jersey
SIGNIFICANT CASE SUMMARIES New Jersey Case Summary Dennehy v. E. Windsor Reg’l Bd. of Educ. New Jersey Supreme Court No. A-36-21, 086350 Decided: October 26, 2022 The New Jersey Supreme Court decided that the higher “recklessness” standard, applicable to plaintiff participants in recreational activities, should not apply to a coach’s decision to allow a high… read more
November 01, 2022
eNotes: Liability – November 2022 – Washington, DC
SIGNIFICANT CASE SUMMARIES Washington, DC Case Summary BDO USA, LLP v. Jia-Sobota District of Colombia Court of Appeals Nos. 20-CV-536 & 20-CV-696 Decided: October 6, 2022 Arbitration clauses allowing a party to seek provisional remedies through concurrent litigation are enforceable. Background Eric Jia-Sobota, a partner at the accounting firm BDO USA, LLP, resigned to launch… read more
November 01, 2022
eNotes: Liability – November 2022 – Virginia
SIGNIFICANT CASE SUMMARIES Virginia Case Summary Paul v. Western Express, Inc. United States District Court for the Western District of Virginia No. 6:20-cv-00052 Decided: February 17, 2022 Negligent hiring and retention claims must state sufficient facts to be plausible overall. Background Plaintiff Judy Paul was driving southbound on I-81, and as it was raining heavily,… read more
October 21, 2022
eNotes: Workers’ Compensation – October 2022 – Pennsylvania
SIGNIFICANT CASE SUMMARIES PA CASE SUMMARY Wolfe v. Martellas Pharmacy (WCAB) Commonwealth Court of Pennsylvania No. 432 C.D. 2021 Decided; August 31, 2022 Employers may subsequently litigate a termination petition by proving a change in a claimant’s condition, but the allegations in the termination petition may not contradict the admissions in the MO-NCP. Background The… read more
October 21, 2022
eNotes: Workers’ Compensation – October 2022 – Virginia
SIGNIFICANT CASE SUMMARIES VA CASE SUMMARY Martin v. Fluvanna County Virginia Workers’ Compensation Commission VA00001842749 Decided: October 4, 2022 Retroactive provisions of § 65.2-402.1(B), awarding that COVID-19 diagnoses are compensable for law enforcement officers, are constitutional. Background Claimant worked as a law enforcement officer, and contracted COVID-19. Claimant sought the retroactive presumption of Va. Code… read more