WORK COMP: §604(3) ex parte insurer/provider contacts unconstitutional as violative of right of privacy… a narrowly crafted release authorizing ex parte contact solely for administrative purposes would not violate privacy… Shea affirmed. [Read more…]
Arbitration, home construction contract
ARBITRATION clause in home construction contract enforceable… Ulbricht reversed. [Read more…]
Employee benefits, sick leave payout termination
EMPLOYEE BENEFITS: Employer handbook not standardized group employment contract, sick leave bank payout terminable at any time… accrued leave not vested for employees with under 25 years, not deferred compensation or wages under Wage Act… Curtis affirmed. [Read more…]
Defense verdict, snowplow/auto
VERDICT: Defense, snowplow/auto, neck/back/shoulder/hand pain. [Read more…]
Insurance, “junk health insurance,” fraud/RICO
INSURANCE: Dissolved Tennessee “junk health insurance” entity has capacity to be sued on theory of successor liability… fraud, constructive fraud, RICO claims sufficiently pled, punitives may be appropriate… most claims not time-barred… personal [Read more…]
Public duty, subdivision, failed slope
PUBLIC DUTY: “Special relationship” exception not applicable to City’s subdivision involvement vis-à-vis slope failure on Plaintiffs’ lot… Ulbricht. [Read more…]
Trust indenture, purchaser/encumbrancer
TRUST INDENTURE of subsequent lender who had no knowledge of prior assignment valid under bona fide [Read more…]
Class certification, sick leave buy-back termination
CLASS CERTIFICATION properly granted as to sick leave buy-back discontinuance where named Plaintiffs are employees of one entity and Defendants are juridically affiliated entities… Curtis affirmed. [Read more…]
Insurance, duty to defend home builder
INSURANCE: Builders’ commercial liability insurer has duty to defend against homeowners’ claims of misrepresentations as to cost and failure to complete job, resulting in “property damage” in form of loss of use of house… factual disputes underlying duty to indemnify to be resolved in State Court… Molloy. [Read more…]
Guides edition
Correct edition of Guides for impairment rating is most recent edition at MMI… Shea. [Read more…]