Accountants Professional Liability

 

D.C. District Court Enjoins IRS Regulations Requiring Application Fee, Written Exam, and Continuing Education Classes for Non-Attorney, Non-CPA Tax Preparers, Client Advisory (February 15, 2013)

 

New York Trial Court Denies Accountant’s Motion For Summary Judgment To Dismiss Malpractice Action Due To Fact Issues Over Scope of Accountant’s Services, Client Advisory (March 14, 2012)

 

Appellate Practice

 

United States Supreme Court Upholds Ahlborn; Finds North Carolina Statue Is Pre-empted By Federal Anti-lien Provisions Of The Medicaid Statute, Client Advisory  (March 25, 2013)

 

New York Appellate Division Grants Defendants' Motion for Sanctions against Plaintiff in Medical Malpractice Case, Client Advisory (March 19, 2013)

 

Second Department Holds for the First Time That a Defendant Does Not Waive Article 16 Apportionment by Failing to Oppose a CPLR 3211(a)(7) Motion; Court Gratuitously Recognizes That Apportionment is Unavailable to a Defendant Who Fails to Oppose a 3212 Motion for Summary Judgement, Client Advisory (December 26, 2012)

 

Second Department Holds That Severance is Warranted Where Defendants File For Bankruptcy in Multi-Defendant Actions, Client Advisory (December 18, 2012)

 

First Department Reaffirms United States District Court Decision, Holding a Party Required to Produce Electronically Stored Discovery Must Bear the Costs Associated with the Disclosure, Client Advisory (March 8, 2012)

 

In Recent Decision, Court of Appeals Discourages Ministerial Justice, Client Advisory (December 16, 2011)

 

State Appellate Court Finds Mental Health Professionals Immune From Suit, Client Advisory (September 1, 2011)

 

Failure to comply with a conditional order of preclusion results in dismissal of plainiff's complaint, Client Advisory (December 20, 2010)

 

Architects and Engineers

 

NY Court Rejects Continuous Representation Doctrine Inapplicable in Engineering Malpractice Action, Client Advisory (July 2, 2012)

 

NY Appellate Court Addresses Anti-Subrogation Rule and Contractual Waiver of Subrogation Rights, Client Advisory (March 8, 2012)

 

New York Court of Appeals Finds Excavating Landowner Strictly Liable for Damage to Adjoining Property Under Pre-2008 Law, Client Advisory (Feb 16, 2012)

 

Architects Denied Summary Judgment Despite Lack of Privity with Plaintiff, Client Advisory (Feb 14, 2012)

 

Commercial Litigation

 

Outside Counsel: Apportioning Fault: Bankruptcy Filings and Multi-Defendant Civil Proceedings, New York Law Journal (March 15, 2013)

 

New Jersey's Appellate Division rules that hotel owner and operator must indemnify hotel licensor for licensor's own negligence, despite poorly-crafted indemnity clause in their agreement, Client Advisory (Jan 22, 2013)

 

New Jersey’s Supreme Court rules that an order compelling or denying arbitration is final for the purpose of appeal, regardless of whether the order disposes of all issues and all parties, Client Advisory (April 18, 2011)

 

Construction and Labor Law

 

Labor Law §200 Claim Dismissed as to the Owner and General Contractor Even Though They Had Notice of Hazardous Condition, Client Advisory (August 30, 2012)

 

Labor Law Section 240(1): Expanding Falling Object Liability, Client Advisory (June 14, 2012)

 

Bill Introduced to Modify New York "Scaffold Law" from Strict Liability to Comparative Negligence Standard, Client Advisory (April 5, 2012)

 

Evidence Regarding Inspection Procedures Required to Prevail on Summary Judgment When Constructive Notice Alleged, Client Advisory (Feb 9, 2012)

 

Cyber Liability

 

Massachusetts Expands Its Consumer Protection: ZIP Codes May Now Qualify as Protected Personal Identification Information During a Credit Card Transaction, Client Advisory (March 27, 2013)

 

The Thin Line Between Public and Private: Gaining Access to Plaintiff's Facebook Content During Litigation, Client Advisory (Feb 11,2013)

 

Seeking a Balance Between Plaintiff's Privacy and Defendant's Right to Relevant Evidence, Appellate Court Orders in Camera Review of a Personal Injury Plaintiff's Private Facebook Content, Client Advisory (November 19, 2012)

 

The Effect of Social Media on Long Term Health Care, Professional Lawyers Underwriting Society, March 2012

 

E-Mail, Text, Facebook...Lawsuit? Legal Minefield of Cyberbullying, New York Law Journal (October 24, 2011)

 

Cyberbullying In Educational Institutions, Client Advisory (July 27, 2011)

 

Cyberbullying and Intentional Infliction of Emotional Distress, New York Law Journal (February 9, 2011)

 

Directors and Officers Liability

 

Dismissal of Prior Case on Demand Futility Grounds Does Not Mandate Dismissal of Parallel Shareholder Derivative Action, Client Advisory (June 29, 2012)

 

Circuit Rules on Materiality, Client Advisory (July 27, 2011)

 

Supreme Court Rejects the ‘Statistical Significance’ Requirement to Prove Materiality in Securities Suits, Professional Liability Underwriting Society (May 2011)

 

Court Rejects the "Statistical Significance" Requirement To Prove Materiality In Securities Suits, Client Advisory (March 24, 2011)

 

Disciplinary Proceedings & Professional Licensing

 

Legislation to Amend New York Law Regarding Scope of Practice for Podiatrists Awaits Presentation to Governor Cuomo for Signature into Law, Client Advisory (August 15, 2012)

 

Employment Practices Litigation

 

United States Supreme Court Issues Opinion Reinforcing the Importance of Rule 68 Offer of Judgments in FLSA Collective Actions in Genesis HealthCare Corp. v. Symczyk, Client Advisory (April 22, 2013)

 

Will A Wage and Hour Class Action Be Certified? Recent U.S. Supreme Court Comcast Decision Gives Courts Reason to Pause Before Doing So, Client Advisory (April 8, 2013)

 

Discimination Alert: The New Jersey Division of Civil Rights awards damages in the first Law Against Discrimination bullying case, Client Advisory (March 15, 2013)

 

New York Adopts the Nation's Most Far-Reaching Measure Protecting "Unemployment" Discrimination, Client Advisory (March 15, 2013)

 

The Second Circuit Weighs in on Same-Sex Harassment Case Involving Heterosexual Male-on-Male Groping, Client Advisory (March 1, 2013)

 

New York Appellate Court Substatially Limits Defamation Claims, Client Advisory (March 1, 2013)

 

The Price of "Dliberate Indifference"- A Cautionary Tale of a School District's Failure to Adequately Address Peer-on-Peer Harassment Complaints, Client Advisory (February 14, 2013)

 

New York City Council Passes Bill Banning Discrimination Based on Unemployment Status, Client Advisory (February 5, 2013)

 

Storm Recovery: Hurricane Sandy's Impact on Employers, Client Advisory (November 5, 2012)

 

New York Appellate Court Holds that New York's Health Care Employee Whistleblower Act Bars Employee From Pursuing Other Claims Against Former Employer, Client Advisory (October 25, 2012)

 

Federal District Court Holds that Unpaid Volunteers and Interns Are Not "Employees" Under Title VII and the ADA, Client Advisory (October 5, 2012)

 

Recent Employment Cases Highlight Strategic Uses of Offers of Judgment, Client Advisory (Sept 13, 2012)

 

It's all in the Details: U.S. Supreme Court Rules that Pharmaceutical Representatives are Exempt from Overtime, Client Advisory (June 29, 2012)

 

New York State Division of Human Rights Denied Authority over Public Schools, Client Advisory (June 14, 2012)

 

New York State Division of Human Rights Denied Authority over Public Schools, Client Advisory (June 14, 2012)

 

Blowing the Whistle on Retaliation, DRI, In House Defense Quarterly (Spring 2012)

 

NLRB Notice Posting Rule Struck Down by South Carolina District Court, Client Advisory (April 16, 2012)

 

NLRB Final Rules Take Effect April 30, 2012, Client Advisory (March 23, 2012)

 

EEOC Issues Final Rule on Age Discrimination Defense, Client Advisory (April 4, 2012)

 

NLRB Postpones Notice Posting, Client Advisory (April 18, 2012)

 

A Matter of Interpretation: First Circuit Declines to Extend SOX Whistleblower Protection to Employees of Private Companies Engaged as Contractors of Public Companies, Client Advisory (February 9, 2012)

 

United States Supreme Court Recognizes Broad "Ministerial Exception" to Employment Discrimination Laws, Client Advisory (January 13, 2012)

 

NLRB Delays Notice-Posting Rule until April 30, 2012, Client Advisory (January 11, 2012)

 

California Supreme Court Finds That Administrative / Production Worker Dichotomy Is Not Dispositive In Determining Whether Employees Are Exempt From Overtime Compensation Requirements, Client Advisory (January 9, 2012)

 

For Auld Lang Syne: A Year in Employment Law Not Soon Forgotten, Client Advisory (December 8, 2011)

 

NLRB Issues Final Rule Imposing Notice Posting Requirement on Private Sector Employers, Client Advisory (September 6, 2011)

 

EEOC issues new regulations concerning the Americans with Disabilities Act, Client Advisory (April 4, 2011)

 

U.S. Supreme Court's Wal-Mart Ruling Hinders Plaintiffs' Ability to Bring Class-Actions, Client Advisory (June 21, 2011)

 

Supreme Court Strengthens Individual Arbitration Process, Client Advisory (April 29, 2011)

 

The New York Wage Theft Prevention Act Adds New Obligations (and Penalties) for Employers, Client Advisory (April 5, 2011)

 

U.S. Supreme Court Cat's Paw Theory of Liability Upheld, Client Advisory (March 8, 2011)

 

New Jersey Employment Alert: The New Jersey Supreme Court addresses the timeliness of a wage discrimination complaint under the Law against Discrimination (LAD), Client Advisory (December 8, 2010)

 

California Court of Appeals Precludes Indemnity Under Section 533 Even Though the Policy at Issue Provided Coverage for Such Product, Client Advisory (June 1, 2010)

 

The New Jersey Supreme Court addresses the statute of limitations for Law against Discrimination wrongful discharge retaliation claims and post-discharge retaliation claims, Client Advisory (March 18, 2010)

 

New York Court of Appeals Rules Employer’s Farragher/Ellerth Affirmative Defense to Sexual Harassment Claims Under Title VII is Inapplicable to Sexual Harassment and Retaliation Claims Under New York City’s Human Rights Law, Client Advisory (May 11, 2010)

 

NJ Law Against Discrimination: J.T.'s Tire Service v. United Rentals, Client Advisory (January 11, 2010)

 

Interactive Process Under ADA:  McBride v. BIC Consumer Products Mfg. Co., Client Advisory (October 15, 2009)

 

ERISA and Fiduciary Liability

 

Sixth Circuit Finds ERISA Fiduciaries Not Entitled to “Moench Presumption” at Motion to Dismiss Stage, Client Advisory (March 9, 2012)

 

New York Court of Appeals Holds No Coverage for ERISA Claim Against Insured Corporation Acting in Settlor Capacity, Client Advisory (February 24, 2012)

 

Fee Award Not Warranted Under ERISA for "Trivial" Non-Monetary Settlement, Client Advisory (November 10, 2011)

 

Victory for ERISA Fiduciaries: Second Circuit adopts the "Moench Presumption", Client Advisory (October 21, 2011)

 

Fire and Explosion

 

A glimmer of hope for the defense of New York General Municipal Law 205-A and 205-E claims (the Firefighters' and Police Officers' Rule), Client Advisory (August 4, 2011)

 

General Liability

 

California Court of Appeals Affirms Rule That a Plaintiff May Only Recover Amounts Actually Paid for Past Medical Expenses, Rather Than Amounts Billed, Client Advisory (April 22, 2013)

 

Litigation Alert: An Expert witness's opinion based on a hypothetical, with support in the record, is admissible, Client Advisory (March 8, 2013)

 

Excessive Payments to Fact Witnesses May Result in Jury Charge on Potential Bias, but not Exclusion of Testimony, Client Advisory (February 15, 2013)

 

New York Court of Appeals reverses Lower Court and holds that Health club employees are not statutorily obligated to use Automatic Electronic Defibrillator (AED) maintained onsite, Client Advisory (February 15, 2013)

 

Plaintiff's Reliance on Hearsay Statement From Decedent Did Not Raise An Issue of Fact, Client Advisory (February 5, 2013)

 

New York Court of Appeals Issues New Primary Assumption of the Risk Decision, Client Advisory (November 8, 2012)

 

Uncorroborated Hearsay Admission Creates Issue of Fact Despite the Absence of Notice of a Hazardous Condition, Client Advisory (September 24, 2012)

 

Federal District Court in New Jersey Holds That a Personal Injury Settlement by a Medicare Eligible Plaintiff Does Not Require a Set-Aside, Client Advisory (August 9, 2012)

 

Summary Judgment Reversed Despite Plaintiff's Inability to Identify What Caused His Fall, Client Advisory (July 23, 2012)

 

NJ Appellate Court Upholds Waiver Despite "Releasor's Remorse", Client Advisory (June 29, 2012)

 

The Legal Obligations of Health Clubs to Maintain and Use AEDs, Club Industry (March 9, 2012)

 

Decision in Police Officer Slip and Fall Case Concerning GML Sec. 205-e Liability, Client Advisory (March 14, 2012)

 

New York Court of Appeals Finds That A Contemporaneous Quantitative Measurement Is Not A Pre-Requisite To Recovery Under The New York State No-Fault Law, Client Advisory (March 14, 2012)

 

Decisions On Cases Involving Slip And Fall Accidents Due To Inclement Weather, Client Advisory (March 13, 2012)

 

New York Appellate Decision Recognizes Cause of Action Against Health Clubs for Failure to Utilize an Automatic Electronic Defibrillator (AED) that was on its Premises, Client Advisory (March 9, 2012)

 

Eastern District of New York Awards Summary Judgment to Defendant Golf Course Based Upon Plaintiff's Voluntary Assumption of Risk, Client Advisory (September 7, 2011)

 

CPLR § 3122 Amended to Clarify Trial Court's Ability to Issue Subpoena for Medical Records Without Patient Authorization, Client Advisory (August 9, 2011)

 

Defendant Not Responsible For Defect On The Sidewalk Despite Evidence Of Control Over The Sidewalk, Client Advisory (June 20, 2011)

 

A "Recurrent Condition" Must Be In The Area Of The Alleged Accident To Establish Notice, Client Advisory (June 14, 2011)

 

Doctrine Of Res Ipsa Loquitur Enough To Create An Issue Of Fact Against Elevator Company For Misleveled Elevator, Client Advisory (June 3, 2011)

 

Building's Alleged Violation Did Not Directly or Indirectly Cause Firefighter's Injuries, Client Advisory (April 5, 2011)

 

Plaintiff's Superseding, Intervening Conduct Precludes Finding of Liability, Client Advisory (April 4, 2011)

 

Court of Appeals Extols Benefits of Conditional Orders of Preclusion, New York Law Journal (March 8, 2011)

 

The Social Network in Personal Injury Litigation, New York Law Journal, (December 15, 2010)

 

Liability of Owners, Contractors and Agents Under the Labor Law, Client Advisory (February 25, 2011)

 

Medicare Secondary Payer Act - Second Update, Client Advisory (December 2, 2010)

 

Snow and Ice Litigation in New York, Client Advisory (November 5, 2010)

 

Primary Assumption of the Risk: Still Viable Defense, With Limitations, New York Law Journal (November 1, 2010)

 

Discovery of social networking information, Client Advisory (September 28, 2010)

 

Defending Gymnasiums, Sports and Recreational Facilities, Client Advisory (September 23, 2010)

 

The New Jersey Supreme Court addresses pre-injury waiver of liability clauses in gym membership applications, Client Advisory (September, 3 2010)

 

Klee v. Americas Best Bottling Co., Inc. (NY state court) (Form W-9 and settlements), Client Advisory (August 25, 2010)

 

New York City Sidewalk Law, Client Advisory (July 14, 2010)

 

An Insurer’s Duty to Defend and Indemnify Its Additional Insured, Client Advisory (June 22, 2010)

 

Sick Building Syndrome:  What is it and How is it Pled?, PLUS Article (June 20, 2010)

 

Testimony as to “Regular Routine” For Cleaning a Building Enough to Make Out a Prima Facie Case for Summary Judgment, Client Advisory (April 26, 2010)

 

Labor Law Section 240(1) and Falling Objects, Client Advisory (April 12, 2010)

 

The Court of Appeals Upholds Dismissal of Police Officer’s Suit Because Injury was a Risk Associated With Police Work, Client Advisory (April 1, 2010)

 

New York Court of Appeals Issuing Ruling Clarifying Scope of Sole Proximate Cause Defense in New York State Labor Law Section 240(1) Cases, Client Advisory (March 2, 2010)

 

Don’t Let Your Guard Down!  Liability of Security Guard Companies for Injuries to Third Parties, ABA (Fall 2009)

 

Healthcare Law

 

Health Law Developments in 2012 & Implications For 2013, Client Advisory (January 15, 2013)

 

Protecting Mental Health Professionals in Child Custody Cross-Fire, New York Law Journal (August 16, 2010)

 

New York State Legislature Amends Public Health Law Section 2801-d Subdivisions (1) and (4) in Relation to Private Actions by Patients in Health Care Facilities, Client Advisory (September 11, 2009)

 

Hospitality and Dram Shop

 

Third Circuit Defends Hotel's Limited Duty to Assist a Guest in Medical Need, Client Advisory (October 17, 2012)

 

Appellate Court Finds No Evidence that Club was on Notice of Security Issues, Client Advisory (September 12, 2012)

 

NJ Appellate Court Upholds Waiver Despite "Releasor's Remorse", Client Advisory (June 29, 2012)

 

The New Jersey Supreme Court Permits Motorists Convicted of Driving While Intoxicated to Sue Liquor Establishments for Negligent Service of Alcohol, Client Advisory (June 27, 2011)

 

The New Jersey Supreme Court will consider whether dram shop claims by intoxicated motorists are barred by automobile insurance laws, Client Advisory (April 12, 2011)

 

Hotel and Hospitality Risk Management, DRI (May 4, 2011)

 

Insurance Agents and Brokers

 

New York's Highest Court Permits Action Against Broker Despite Policyholder's Failure to Read the Policy, Client Advisory (Feb 1, 2013)

 

Superstorm Sandy Destruction Has Lawyers Targeting Insurance Agents and Brokers, Client Advisory (December 14, 2012)

 

New York Appellate Court Upholds Regulation Requiring Brokers to Disclose Whether They Will Receive Compensation From an Insurer or Third-Party, Client Advisory (March 14, 2012)

 

Insurance Coverage

 

Sixth Circuit Court of Appeals Finds that FTC Subpoena is not a Claim under a D&O Policy, Client Advisory (May 6, 2013)

 

Northern District of Georgia Finds No Coverage under D&O Policy Due to Inadequate Notice of Circumstances, Client Advisory (April 5, 2013)

 

Central District of California Rules that Claims Arising from Insured's Mortgage Securitization Business were Not Covered under D&O Policies, Client Advisory (March 5, 2013)

 

Southern District of Illinois Finds that Restitution is not Damages under E&O Coverage, Client Advisory (February 26, 2013)

 

Eastern District of Wisconsin Finds Contractual Liability Exclusion Partially Precludes Coverage under D&O Policy for Misrepresentation-Based Claims, Client Advisory (February 19, 2013)

 

District of Massachusetts Rejects Insured's Attempt to Narrow Scope of D&O Liability Policy's "Known Circumstances" Exclusion, Client Advisory (February 11, 2013)

 

Arbitrators' Ruling on Insured's Sexual Misconduct Precludes Coverage for Pending Charge of Discrimination, Client Advisory (December 7, 2012)

 

Whether Underlying Plaintiff was Duly Elected or Appointed Director Bars Application of Insured v. Insured Exclusion at Summary Judgment, Client Advisory (December 7, 2012)

 

Central District of California Grants Summary Judgment to EPL Insurer Based on Insured's Knowledge of Circumstances Occurring Prior to Claims Made Policy's Inception Date, Client Advisory (November 27, 2012)

 

Business Interruption - Civil Authority Coverage, Client Advisory (November 20, 2012)

 

Massive Losses and Claim Volume Expected in Wake of Hurricane Sandy, Client Advisory (November 2, 2012)

 

Two Courts Add to Growing Body of Cases Holding that Excess Policy Not Triggered by Insured's Below-Limits Settlement with Underlying Insurer, Client Advisory (September 19, 2012)

 

California District Court Recognizes Distinction Between Duty to Advance Defense Costs and Duty to Defend, Client Advisory (August 29, 2012)

 

Central District of California Rules in Favor of D&O Insurers on Issue of Interrelatedness of Claims Arising from Collapse of IndyMac, Client Advisory (July 2, 2012)

 

Insured vs. Insured Exclusion Partially Bars Coverage Where Some But Not all Plaintiffs are Insureds, Client Advisory (July 12, 2012)

 

New York Appellate Division Affirms Dismissal of Coverage Action against Certain Excess Insurers for Failure to Exhaust Underlying Limits of Insurance, Client Advisory (June 15, 2012)

 

Seventh Circuit Holds That Partial Refund of Subsidiary Sale Price is Not Insurable Under D&O Policy even if Insurability was not Raised as Coverage Defense Pre-Suit, Client Advisory (April 19, 2012)

 

Third Circuit Upholds Strict Application of Claims-Made Policy’s Reporting Requirements, Client Advisory (March 20, 2012)

 

Texas Courts Consider Insureds’ Prior Knowledge in Recent Rulings for LPL and D&O Insurers, Client Advisory (Feb 22, 2012)

 

Highlights of a Record-Setting Year: Securities Litigation Activity in 2011 and its Impact on the D&O Insurance Landscape, Client Advisory (February 3, 2012)

 

Court Finds Benefits Due Exclusion Precludes Coverage under Fiduciary Liability Policy, Client Advisory (February 2, 2012)

 

New York Appellate Court Finds that N.Y. Ins. Law 3420(d) Precludes an Insurer from Waiting to Issue its Disclaimer on Late Notice Grounds while it Investigates Additional Grounds to Preclude Coverage, Client Advisory (February 1, 2012)

 

U.S. District Court Addresses Coverage for Multiplied Portion of Award of Fees to Plaintiffs' Attorneys in "Bump-Up" Class Action, Client Advisory (January 24, 2012)

 

Court Finds FTC Investigation Constitutes a Claim under D&O Policy, Client Advisory (January 11, 2012)

 

Stipulated Judgement Against Insured, With A Covenant Not To Execute, Is Not A Covered Loss Under D&O Policy, Client Advisory (January 3, 2012)

 

Southern District of California Finds Insurer Entitled to Rescission Based on Insured's Concealment of Material Adverse Information, Client Advisory (December 30, 2011)

 

Ninth Circuit Upholds Carrier Position That Wage And Hour Class Action Lawsuit Does Not Allege An Employment Practices Wrongful Act, Client Advisory (December 29, 2011)

 

New York Appellate Court Finds that Disgorgement Payment to SEC under Settlement Agreement was not an Insurable Loss, Client Advisory (December 14, 2011)

 

Breach of Consent to Settle Provision Precludes Coverage for $25,000,000 Settlement in Federal v. SafeNet, Client Advisory (November 29, 2011)

 

Eastern District of California Finds that Insurer Properly Allocated Defense Costs and Set Reasonable Rates for Independent Counsel Selected by Insureds, Client Advisory (November 22, 2011)

 

Eleventh Circuit Finds No Coverage under D&O Policy for Informal SEC Investigation, Client Advisory (October 18, 2011)

 

Settlement Within Primary's Limit Does Not Trigger Excess Limit Even Though Loss May Exceed Both Limits, Client Advisory (October 10, 2011)

 

S.D.N.Y.: Excess D&O Insurers Not Obligated to Drop Down to Fill Insolvent Underlying Insurer Gap and Excess Coverage Not Triggered Merely Because Losses Exceeded Underlying Limits. Client Advisory (October 6, 2011)

 

Fraud Exclusion Does Not Require Exhaustion of Appellate Review and May Be Imputed to Entity via Agency Law; Issue of Waiver Precludes Summary Judgment on Rescission despite Misrepresentations, Client Advisory (October 4, 2011)

 

S.D.N.Y. Rejects Purported Derivative Claims as "Artifice" to Implicate Coverage, Client Advisory (September 15, 2011)

 

California Court Of Appeal Rules In Favor Of Insurer On The Issue Of Interrelatedness, Client Advisory (September 23, 2011)

 

Southern District of California Finds Coverage under D&O Policy for Legal Fees Paid on Behalf of Non-Party Employees Subpoenaed in Securities Fraud Lawsuit, Client Advisory (September 1, 2011)

 

Fifth Circuit: Excess Policies not Triggered when Insured entered Below-Limits Settlement with Primary, Client Advisory (August 15, 2011)

 

Delaware Bankruptcy Court Addresses Issues Of Related Claims, Insured Versus Insured Exclusion And Allocation, Client Advisory (August 12, 2011)

 

New Jersey's Supreme Court rules that a Rova Farms bad faith claim is a simple breach of contract claim and, therefore, an action triable to a jury, Client Advisory (July 22, 2011)

 

Sexual Molestation Claims Covered Under D&O Policy, Client Advisory (June 13, 2011)

 

Disclosure of Claim in Application Does Not Constitute Notice Under the Policy, Client Advisory (June 10, 2011)

 

Priority of Coverage Analysis: Contract Terms v. Policy Terms, Client Advisory (April 14, 2011)

 

Prior Knowledge Provision Bars Coverage For Claim, Client Advisory (March 29, 2011)

 

Recent Case Law Illustrates Division on Insurer's Right to Reimbursement of Defense Costs, ABA (Winter 2011)

 

New York Court Finds Coverage For Derivative Plaintiffs' Attorneys' Fees, Client Advisory (March 1, 2011)

 

New York Court of Appeals - Other Insurance Provision in D&O Policy makes it Excess Over CGL Policy, Client Advisory (February 28, 2011)

 

Late Notice Precludes Coverage Under Fidelity Bond, Client Advisory (December 6, 2010)

 

District Court Rules, After Preliminary Injunction Hearing, that D&O Insurers are not Obligated to Advance Defense Costs in SEC and Criminal Proceedings, Client Advisory (October 19, 2010)

 

Genzyme Partially Reversed by First Circuit, Client Advisory (October 15, 2010)

 

Right of Contribution from Co-Insurers on Overpayment of Defense Fees (Texas, Trinity Universal Decision), ABA ICLC (Summer 2010)

 

Second Circuit Affirms Recession of Fidelity Bond, Client Advisory (June 28, 2010)

 

Supreme Court to Address Materiality – Grants Cert in Matrixx Initiatives Securities Suit, Client Advisory (June 16, 2010)

 

Third Circuit Affirms Finding Of No Coverage Based on Bump-Up Exclusion, Client Advisory (June 14, 2010)

 

Court Holds Insolvency Exclusion Bars Coverage For Madoff-Related Claims, Client Advisory (April 28, 2010)

 

Delaware Supreme Court Affirms Finding of No Coverage Based on Prior Acts and Prior Notice Exclusions, Client Advisory (April 28, 2010)

 

United States Supreme Court Issues Ruling Clarifying Standard For Challenging Mutual Fund Fees, Client Advisory (April 28, 2010)

 

Canadian Court Allows Securities Suit To Proceed and Certifies Worldwide Class, Client Advisory (December 21, 2009)

 

“Bump Up” Claim Held Uninsurable Under D&O Policy, Client Advisory (October 2, 2009)

 

Lawyers Professional Liability

 

New York Appellate Court Permits Legal Malpractice Action to Proceed Despite Prior Resolution of Fee Dispute Over the Same Legal Services, Client Advisory (March 26, 2013)

 

New York Appellate Court Holds That Summary Judgement Dismissal of Cross-Claims Asserted By Legal Malpractice Defendant Against Defendent Title Company Is Warranted, Client Advisory (March 18, 2013)

 

United States Supreme Court Determines that Federal Courts Do Not Have Exclusive "Arising Under" Jurisdiction Over Legal Malpractice Claims Based on Underlying Patent Matters, Client Advisory (February 21, 2013)

 

New York Trial Court Denies Law Firms' Motions To Dismiss Malpractice Action For Lack Of Standing, Despite Plaintiff's Failure To List The Legal Malpractice Action As an Asset In Her Bankruptcy Petition, Client Advisory (January 30, 2013)

 

United States Supreme Court to Decide Whether Federal Courts Have Exclusive "Arising Under" Jurisdiction Over Legal Malpractice Claims that Arise from Representation Related to Federal Laws, Client Advisory (January 18, 2013)

 

New York Court of Appeals: Non-Pecuniary Damages in Legal Malpractice Action Arising from Criminal Representation Not Recoverable, Client Advisory (June 1, 2012)

 

New York Trial Court Holds That A Client Can Seek Non-Pecuniary Damages For Loss of Liberty In Legal Malpractice Arising From Criminal Cases, Client Advisory (March 9, 2012)

 

Legal Malpractice Claim Dismissed as Time-Barred Due to Lack of "Continuous Representation", Client Advisory (February 6, 2012)

 

Attorney's Ghostwriting for Pro Se Petitioners Was Not Misconduct, Says Second Circuit, Client Advisory (November 23, 2011)

 

Collectors and Their Collection Attorneys May Be Held Liable Under the FDCPA For Filing Successive Lawsuits Against a Debtor, Client Advisory (November 7, 2011)

 

Malpractice Alert: Claim Revived Where Attorney Failed to Timely Appeal Viable Pension-Claim Appeal, Client Advisory (August 26, 2011)

 

Contribution in a Legal Malpractice Action Available When Third-Party Attorney is an Independent Tortfeasor, Client Advisory (April 6, 2011)

 

New Jersey Supreme Court Holds That Legal Malpractice Action Need Not Be Part of Probate Proceeding Under Entire Controversy Doctrine, Client Advisory (April 5, 2011)

 

Recent Decision Examines Blended Services Provided by Attorneys, Client Advisory (March 1, 2011)

 

New York Court of Appeals Refuses to Extend Liability to Third-Parties for the Misdeeds of Corporations, Client Advisory (October 22, 2010)

 

Second Circuit Holds Claims of Legal Malpractice Based on Services Rendered in Connection with a Bankruptcy Petition Fall Within the Bankruptcy Court’s “original but not exclusive jurisdiction”, Client Advisory (August 11, 2010)

 

New Jersey Supreme Court Finds Settlement of Underlying Action Does not Bar Legal Malpractice Action, Client Advisory (June 18, 2010)

 

New York Court of Appeals Eliminates Privity Requirement for Legal Malpractice Actions Brought By Representatives of a Decedent’s Estate, Client Advisory (June 17, 2010)

 

Second Circuit Court of Appeals Rejects Claims Against Secondary Actors (Lawyers) Under Securities Laws, Client Advisory (April 28, 2010)

 

The Fee-Shifting Requirement of Saffer v. Willoughby Does Not Extend to Fee Suits Where the Client Has No Viable Counterclaim for Legal Malpractice, Client Advisory (April 7, 2010)

 

Affect of Resolution of Fee Suit on Pending Legal Malpractice Action, Client Advisory (March 1, 2010)

 

New York Court Permits Judiciary Law § 487 (Treble Damages) Claim to Proceed Against Attorney for Alleged Deceit Occurring Outside of New York, Client Advisory (January 22, 2010)

 

Second Circuit Court of Appeals Seeks Clarification of Wagoner Rule’s Application in Refco Trustee’s Fraud Suit, Client Advisory (January 19, 2010)

 

Medical Malpractice

 

Third Department Reigns in the Affirmative Defense for a Justified Breach of Patient/Physician Confidentiality, Client Advisory (May 7, 2013)

 

Second Circuit seeks assistance from the New York Court of Appeals on Issue of Corporate Liability for Disclosure of Patient Information by a Corporate Employee, Client Advisory (March 29, 2013)

 

Court of Appeals affirms liability of physician who engaged in a sexual relationship with a patient, but vacates punitive damage award for lack of malicious intent, Client Advisory (December 6, 2012)

 

Medical Malpractice Alert: New Jersey's Appellate Division rules that a doctor (and any other person) has a duty to report child abuse when there is reasonable cause to believe there has been abuse, Client Advisory (November 30, 2012)

 

Expert Not Permitted to Opine Outside of His Specialty Area Without Laying the Proper Foundation, Client Advisory (November 12, 2012)

 

Dyshormonia Iatrogenica: Crossroads of Medicine, Malpractice Law, & Professional Ethics in Clinical Endrocrinology, Endocrine Practice, Volume 18 No. 5 (September/October 2012)

 

Medical Malpractice Alert: New Jersey's Appellate Division rules, on interlocutory review, that post-event investigatory and analytic documents, materials, and information exclusively created in compliance with the Patient Safety Act are absolutely privileged, Client Advisory (August 31, 2012)

 

Rescue Squad Entities Do Not Enjoy the Same Immunity as its Members, For Now, Client Advisory (August 31, 2012)

 

New York Legislature Mandates New Requirements For Providers Of Mammography Services, Client Advisory (August 1, 2012)

 

Case against Biblical Counselor Dismissed In Light of Constitutional Concerns and Abolished Causes of Action, Client Advisory (April 30, 2012)

 

Seduction Case against Biblical Counselor Dismissed In Light of Constitutional Concerns and Abolished Causes of Action, Client Advisory (April 30, 2012)

 

Rhode Island May Join Others With Legal Protection for Physicians Who Apologize, Client Advisory (February 29, 2012)

 

Mental Health Providers and the Duty to Non-Patients, Part II, The Suffolk Lawyer (February 2012)

 

Fourth Department Joins Emerging Trend - Evaluating Expert Testimony in Medical Malpractice Cases Under Both the Frye and Parker Standards, Client Advisory (Feb 9, 2012)

 

Regarding Inspection Procedures Required to Prevail on Summary Judgement When Constructive Notice Alleged, Client Advisory (February 9, 2012)

 

Mental Health Providers and Potential Duty to Non-Patients, Part I, The Suffolk Lawyer (January 2012)

 

New Focus on Electronic Distractions in Medical Care, Client Advisory (December 19, 2011)

 

Dentist Is Sued By Patient Who Alleges Dentist Sought To Impose Fines For Negative Internet Comments, Client Advisory (December 2, 2011)

 

State Law Now Requires A Master's Degree Or Higher To Obtain A License In Physical Therapy, Client Advisory (October 13, 2011)

 

Second Department Holds Mental Health Provider 75% Liable For Having Sexual Relationship With Patient, Client Advisory (September 21, 2011)

 

The Pitfalls of Record Alteration, Risk Management Quarterly (Summer 2011) 

 

Strategies for Defending Malpractice Claims Against Radiologists, Risk Management Quarterly (Spring 2011)

 

Amendment to the Uniform Civil Rules for the Supreme Court and County Court: Section 206.12(a) Medical, Dental and Podiatric Malpractice Actions; Settlement Conference, Client Advisory (June 14, 2011)

 

2011 PJI Poses Problems for Reducing Damages to 'Present Value', New York Law Journal (May 26, 2011)

 

New York State Creates Medical Indemnity Fund For Birth-Related Neurological Injuries, Client Advisory (May 12, 2011)

 

Defendant's Unauthorized Interview Precludes Introduction of Evidence at Trial, Client Advisory (???M?a?y? ?6?,? ?2?0?1?1??)

 

Boundary Violation Issues and Risk Management Concerns in Psychiatry, In Session with Allied World (Spring 2011)

 

Tort Reform: An Alternative Proposal, The New York Law Journal (March 21, 2011)

 

Plaintiff Cannot Assert New Theory In Their Expert Witness Disclosure - Campos vs. Beth Israel Medical Center, Client Advisory (February 7, 2011)

 

A Recent Appellate Division, Second Department Decision Regarding Spoilation of Evidence, Client Advisory (January 18, 2011)

 

Duty to Warn: Dangerous Patients, Professional Liability Underwriting Society Journal, Volume XXIII Number 7 (July 2010)

 

Running the Risk: Physical Therapy Malpractice, Advance for Physical Therapy and Rehab Medicine (October 18, 2010)

 

New Jersey Supreme Court Finds the Good Faith Standard of the Affidavit of Merit Statute’s Waiver provision does not require substantive explanations as to Why Experts in Defendant’s Field Refused to Provide an Expert Opinion for Plaintiff, Client Advisory (September 3, 2010)

 

Fernekes v. Catskill Regional Medical Center: Third Department Holds That Incident Report is Privileged, Client Advisory (August 11, 2010)

 

Blazing the Trial of Professional Liability, PLUS Article (July 2010)

 

Provider's Active Participation in Med Mal Defense, Dental IQ (May 2010)

 

Federal Court Finds Mental Health Professional Immune From Federal Suit, Client Advisory (April 13, 2010)

 

The Coming Counter-Reformation in Securities Litigation, PLUS Article (April 2010)

 

Pre-Verdict Stipulations of Settlement must be on the Record, Client Advisory (January 25, 2010)

 

An Introduction to Hospital Emergency Room Litigation, PLUS Journal (December 2009)

 

Determining Valuation In Loss of Chance Cases, New York Law Journal (December 21, 2009)

 

Risk Management: The Importance of Comprehensive Documentation in the Patient's Chart, International Journal of Clinical Impact Dentistry, Fall 2009

 

Potential Liability Issues Concerning the Swine Flu, The Risk Management Quarterly, (Fall 2009)

 

The Importance of Written Consent Forms In Dental Malpractice Litigation:  Not Just for Surgeons Anymore, Dental Dateline (Fall 2009)

 

Determining Valuation in Loss of Chance Cases, New York Law Journal (December 21, 2009)

 

Behavorial Finance: What Lessons Can Be Learned By the Insurance Claims Professional, Professional Liability Underwriting Society Journal, Volume XXI, Number 3 (March 2008)

 

Round 2: Fiduciaries Again Defeat ERISA Stock Claims at Trial in Brieger Et . Al. v. Tellabs, Inc., PLUS Journal (October 2009)

 

Authenticating Medical Records - a Proposal, New York Law Journal (April 24, 2007)

 

Expert Opinion: Erosion of the Ban on Learned Treatises, New York Law Journal (April 17, 2007)

 

Miscellaneous Professional Liability

 

United States Supreme Court Holds That Costs Are Available to a Prevailing Defendant in an FDCPA Case, Even in the Absence of a Finding of Bad Faith, Client Advisory (March 1, 2013)

 

Debt Collectors Permanently Banned from Industry Following Settlement with FTC, Client Advisory (Jan 29, 2013)

 

Department Holds that Corporate Officers Acting In Bad Faith Can Be Subject to Individual Liability for Corporation's Tort, Even If the Corporate Veil Is Not Pierced, Client Advisory (July 23, 2012)

 

New York Federal Court Reduces Attorney’s Fees Related to Possible Class Certification Sought By Successful Plaintiff in FDCPA Action Because Class Was Not Certified, Client Advisory (March 23, 2012)

 

Federal Court Finds Series of Unanswered Telephone Calls Made by Debt Collector to Unintended Recipient Did Not Violate Fair Debt Collection Practices Act - Client Advisory (January 25, 2012)

 

Home Buyers Can Sue Title Insurers Under New Jersey's Consumer Fraud Act, Client Advisory (November 11, 2011)

 

Insured's Notice to Insurance Broker Held Insufficient Notice to Insurer, Client Advisory (April 4, 2011)

 

New York Court of Appeals Rules an Insurance Broker does not have a Common-Law Fiduciary Duty to Disclose to its Customers the Incentive Agreements it has with Insurers, Client Advisory (March 11, 2011)

 

Professional Malpractice: Unique Issues Arising in Claims Against Home Inspectors, New Jersey Law Journal (January 2011)

 

Nursing Home and Long Term Care

 

The Erosion of Employee Privacy Rights in Long-Term Care Litigation, The Risk Management Quarterly Journal (Fall/Winter 2013)

 

The U.S. Supreme Court's Marmet Decision and Its Potential Impact Upon Personal Injury Claims Against New York Nursing Homes, Health Law Journal, Summer/Fall 2012, Vol. 17, No. 3

 

Same Difference: Punitive Damages Against Nursing Homes Under Common Law and Statute, Nassau Lawyer (April 2012)

 

Court of Appeal Holds That Prevailing Defendant Can Recover Costs From Plaintiff Under California’s Elder Abuse Act, Client Advisory (March 23, 2012)

 

The Effect of Social Media on Long Term Health Care, Professional Lawyers Underwriting Society, March 2012

 

US Supreme Court Invalidates West Virginia's "Public Policy" Prohibition Against Enforcing Predispute Arbitration Agreements as to Personal Injury and Wrongful Death Claims Against Nursing Homes-Marmet Health Care Center, Inc. v. Brown, Client Advisory (Feb 23, 2012)

 

Assisted Living Residences Are Now Required To Permit Long Term Care Ombudsmen Access To Facility, Client Advisory (November 7, 2011)

 

New Jersey’s Appellate Division rules the Federal Arbitration Act pre-empts the anti-arbitration provision in New Jersey’s Home Responsibilities and Rights of Residents Act.  In a latter decision, the Appellate Division analyzes state law and finds a pre-dispute arbitration clause between a doctor and patient unconscionable under contract-law principles, Client Advisory (September 30, 2010)

 

KB&R Wins a Favorable Trial-Level Decision Regarding the Disclosure of Personnel Files of Nursing Home Employees, Client Advisory (February 26, 2010)

 

Premises Liability

 

Court Denies Defendant's Dismissal Motion Despite "Storm in Progress" Defense, Client Advisory (April 8, 2013)

 

Establishing The Special Employee Defense, Client Advisory  (March 25, 2013)

 

Whether a Condition Violated New York City Building Code is Question of Law for the Court, Client Advisory (February 12, 2013)

 

Evidence Must Be Secured To Avoid The Drastic Result Of A Spoilation Finding, Client Advisory (Jan 16, 2013)

 

Sidewalk Liability May Now Attach to Residential Property Owners with New Restatement, Client Advisory (August 29, 2012)

 

Department Rules Summary Judgment Appropriate, finding that the Plaintiff's Assault Was Not Foreseeable As A Matter of Law, Client Advisory (April 19, 2012)

 

Lock Your Doors! Landowner Liability for Criminal Acts, New York Law Journal (September 1, 2009)