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New York Law Journal

Napoli v. Rubin

By | March 30, 2017
Attorney's Emotional Distress, Defamation Claims Dismissed on Res Judicata Grounds
3 minute read

Daily Business Review

Trauma System Expansion Plan Backed by Governor But Tossed by Judge

An administrative law judges sides with five major Florida trauma centers in rejecting a rule that would have allowed more competition among emergency rooms treating the most seriously injured patients.
6 minute read

The Recorder

Ramirez v. Workers Compensation Appeals Board

By | March 29, 2017
4 minute read

National Law Journal

Mylan Taps Ex-SEC Commissioner as Top Lawyer

EpiPen maker Mylan N.V. announced Tuesday that Daniel Gallagher has been appointed chief legal officer, effective April 17. Gallagher served as a commissioner of the U.S. Securities and Exchange Commission from late 2011 to late 2015. He previously held various staff roles at the agency, including as counsel to two commissioners.
8 minute read

New York Law Journal

Robbins v. New York Corn & Soybean Growers Assoc., Inc.

By | March 27, 2017
Nonprofit Soybean Growers Group Not 'Agency' Under APA, Is Not Subject to FOIA Disclosures
3 minute read

The Legal Intelligencer

Atlantic Wind, LLC v. Penn Forest Twp. Zoning Hearing Bd., PICS Case No. 17-0392 (C.P. Carbon Feb. 17, 2017), Serfass, J. (11 pages).

By | March 24, 2017
State law provided that plaintiff had an exclusive statutory remedy before a local zoning board. Plaintiff did not provide sufficient evidence of bias or lack of due process sufficient to warrant an exercise of equity jurisdiction by the court. Defendant's preliminary objections were sustained and plaintiff's complaint was dismissed.
5 minute read

The Legal Intelligencer

Starr Aviation v. Workers' Comp. Appeal Bd. (Colquitt), PICS Case No. 17-0432 (Pa. Commw. March 7, 2017), McCullough, J. (11 pages).

By | March 24, 2017
A brief departure from work duties, expressly authorized by employer, to retrieve personal care products fell within the personal comfort doctrine that rendered an injury, suffered during the departure, within the course and scope of employment. Order of the WCAB affirmed.
6 minute read

The Legal Intelligencer

Greene v. Unemployment Comp. Bd. of Review, PICS Case No. 17-0426 (Pa. Commw. March 10, 2017) Simpson, J. (26 pages).

By | March 24, 2017
Misinformation from UC service center representatives did not constitute an administrative breakdown where the misinformation concerned the deductibility of severance payments. Order of the UCBR affirmed.
6 minute read

The Legal Intelligencer

City of Warren v. Workers' Comp. Appeal Bd. (Thomas Haines, deceased), PICS Case No. 17-0417 (Pa. Commw. March 9, 2017) Leavitt, J. (17 pages).

By | March 24, 2017
Act 46 did not serve to revive workers' compensation claims for cancer as an occupational disease that had been extinguished by a prior statute of repose, where Act 46 was not retroactive in effect. Order of the workers' compensation appeal board reversed.
7 minute read

The Legal Intelligencer

Toigo Orchards, LLC v. Workers' Comp. Appeal Bd., PICS Case No. 17-0434 (Pa. Commw. March 13, 2017) Cohn Jubelirer, J. (19 pages).

By | March 24, 2017
Workers' compensation appeals board correctly held that claimant hired to drive a tractor during the apple harvest was "itinerant agricultural labor" and not a "seasonal employee" because a tractor driver could perform his work throughout the year, but erred in awarding a 10-week healing period because claimant was retired and collecting retirement benefits. Affirmed in part and reversed in part.
6 minute read

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