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Recently, there has been a huge upsurge in the number of sexual harassment lawsuits. It started with Anita Hill's televised testimony at the Clarence Thomas Senate Confirmation hearing to become a Supreme Court Justice in 1991. Then Paula Jones' lawsuit against President Bill Clinton and several multi-million dollar verdicts have caused a wave of litigation. In 1998, the U.S. Supreme Court handed down two important decisions that put the ball in the employer's court in sexual harassment lawsuits. Basically, they gave employers what we call an "affirmative defense," provided that they have a policy in place
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Pennsylvania State Court Decisions
1. Civil Litigation
1.1. Causes of Action - Learned Intermediary
► Superior Court of Pennsylvania
♦ Lineberger v. Wyeth
2006 PA Super 35 (February 23, 2006)
Holding: In a pharmaceutical liability claim against a drug manufacturer, in order to avoid having the claim barred by the learned intermediary doctrine, the plaintiff must prove that the prescribing physician would not have prescribed the drug had the manufacturer provided a different.
1.2. Evidence - Intoxication
► Commonwealth Court of Pennsylvania
♦ Lock v. City of Philadelphia
No. 1637 C.D. 2005 (March 27, 2006)
Holding: When recklessness or carelessness is at issue,
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