November 2017 | Page 2 of 2 | Capehart Scatchard

Third Circuit Holds Parents Entitled to Attorneys’ Fees on IDEA Procedural Issue

Special education cases can be quite expensive for school districts to litigate. This is especially so when parents are prevailing parties and the fee-shifting provision of the Individuals with Disabilities Education Act (“IDEA”) requires the school district to reimburse the parents f...

Wear and Tear Homeowner’s Policy Exclusion Upheld by Court to Bar Property Damage Claim to Pool

Plaintiffs Richard and Vicki Klein filed a claim with Defendant Franklin Mutual Insurance Co. (“FMI”) due to damage to their in-ground pool. Plaintiffs claimed that the damage was caused by a rotted tree branch from a neighbor’s property which fell into their pool. The defendant dispu...

Capehart Scatchard Shareholder Educates Philadelphia Insurance Firm on Ethical Issues for Insurance Claims Adjusters

On, November 1, 2017, Christopher J. Hoare, Esq. presented an in-office seminar at Graham Company in Philadelphia, PA entitled, “Ethical Issues for Insurance Claims Adjusters,“ which was attended by fifteen (15) claims and insurance professionals including several in-house attorneys. ...

Retaliation Claim in Workers’ Compensation Is Not Barred Because Plaintiff Also Filed a Discrimination Claim under the New Jersey Law Against Discrimination

Can an employee maintain both a workers’ compensation retaliation claim at the same time as he alleges discrimination under the New Jersey Law Against Discrimination (LAD)? That was one issue answered in Larson v. City of Paterson, A-2526-15T4 (App. Div. October 26, 2017). Carl Larso...

Tenant’s Personal Injury Claim against Property Manager Dismissed

Plaintiff Diedre Bradley resided in an apartment building in East Orange that was managed by Defendant Dynamic Capital Property (“Dynamic”). On January 16, 2012, Plaintiff suffered an injury when she tripped and fell due to a crack on the marble stairs in the common area of the buildi...

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Third Circuit Holds Parents Entitled to Attorneys’ Fees on IDEA Procedural Issue

Wear and Tear Homeowner’s Policy Exclusion Upheld by Court to Bar Property Damage Claim to Pool

Capehart Scatchard Shareholder Educates Philadelphia Insurance Firm on Ethical Issues for Insurance Claims Adjusters

Retaliation Claim in Workers’ Compensation Is Not Barred Because Plaintiff Also Filed a Discrimination Claim under the New Jersey Law Against Discrimination

Tenant’s Personal Injury Claim against Property Manager Dismissed

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