All Publications and Client Advisories

 

November 3, 2017 - Healthcare Law - New Jersey's Telemedicine Law Takes Effect

 

November 1, 2017 - Medical Malpractice - New York Court of Appeals Addresses Physician Assisted Suicide - Will Connecticut Follow Suit?

 

September 11, 2017 -  Medical Malpractice - New York's Highest Court Rejects Legalization of Assisted Suicide

 

Cyber Liability – Ransomware and the Continuing Cyber Threats Facing the Healthcare Industry, AHRMNY, The Risk Management Quarterly (Vol. 2 2017).

 

July 25, 2017 - Healthcare Law - CMS Proposes New MACRA Changes

 

June 26, 2017 - Insurance Coverage - Federal District Court Rules That Bank's $212.5 Million False Claims Act Settlement Not Covered

 

June 20, 2017 - Directors and Officers Liability - District Court Denies Plaintiffs a Fee Award in Merger Objection Suits

 

June 13, 2017 - Healthcare Law - N.Y.S Attorney General Reaches Settlement with Three Mobile Health App Developers

 

June 8, 2017 - Healthcare Law - CMS Withdraws its Attempt to Ban Pre-dispute Arbitration Clauses in Admission Agreements

 

May 23, 2017 - Construction and Labor Law - NY High Court Signals Potential Shift in Deciding Labor Law 240(1) Motions

 

April 14, 2017 - Medical Malpractice - The Expanding Scope of the Relation Back Doctrine in Medical Malpractice

 

March 22, 2017 – Employment Practices Litigation - Always Low Prices, Sometimes High Verdicts: CT Jury Awards $5 million in Punitive Damages against Wal-Mart Stores in Retaliation Suit

 

March 20, 2017 - Medical Malpractice - New Jersey's Appellate Division Denies Unpreserved Fees and Costs For Jury Award Above the "High" of a High-Low Agreement

 

KBR's 2017 Cyber Health Paper

 

March 1, 2017 - Nursing Home & Long Term Care - US Supreme Court Questions Validity of Arbitration Agreement in Nursing Home Contract

 

Employment Practices Litigation - Preventing Liability for Sexual Harassment by Creating a Culture of Civility, AHRMNY, Risk Management Quarterly (Vol. 1 2017).

 

Nursing Home & Long Term Care - The Impact of the Vissichelli Decision in Defending Nursing Homes Against the Insanity and Continuous Treatment Tolls, AHRMNY, Risk Management Quarterly (Vol. 1 2017).

 

December 7, 2016 - Employment Practices Litigation - Federal District Court Issues Preliminary Injunction Against DOL Overtime Rules

 

November 11, 2016 - Healthcare Law- Final MACRA Rule Released by CMS

 

November 8, 2016 - Nursing Home & Long Term Care - Federal Court Invalidates CMS' Prohibition of Pre-Dispute Arbitration Agreements

 

July 11, 2016 - Healthcare Law - United States Supreme Court Issues Unanimous Decision Upholding Implied Certification Theory of Liability Under the Federal False Claims Act

 

July 1, 2016 - Medical Malpractice - Liability Carriers Now Have Even More Statutory Liens To Worry About Prior To Settling Personal Injury Lawsuits

 

June 13, 2016 - Medical Malpractice - Cefaratti v. Aranow, et al.: Liability for Medical Malpractice on an Apparent Agency Theory Affirmed

 

May 31, 2016 - Healthcare Law - U.S. Department of Labor Issues Revised Exemption on Overtime Pay Impacting Health Care Providers

 

May 27, 2016 - Construction and Labor Law - Defining "Contractor" Under the New York Labor Laws: Actions Speak Louder Than Words

 

May 25, 2016 - Healthcare Law - Joint Commission Revises its Guidance on Texting Orders

 

May 20, 2016 - Employment Practice Litigation - The U.S. Supreme Court Gives (A Little) Guidance on Standing to Sue Under FCRA

 

May 17, 2016 - Medical Malpractice - Medical Malpractice Alert: New Jersey's Appellate Division Upholds Dismissal of Minor's Complaint With Prejudice For Failure to Submit Timely Affidavit of Merit

 

May 10, 2016 - General Liability, Insurance Coverage - New York Court of Appeals Applies "All Sums" Allocation and Vertical Exhaustion to Excess Insurance Coverage for Long-Tail Asbestos-Related Claim

 

May 4, 2016 - Insurance Coverage - Third Circuit: FI Professional Liability Policy Does Not Cover Settlement of Class Action Seeking Return of Overdraft Fees

 

April 20, 2016 - Medical Malpractice - New York Appellate Court Holds Punitive Damages Applicable to Claims Against Drug and Alcohol Treatment Facility

 

March 21, 2016 - Medical Malpractice - New York Appellate Court Defines a Pharmacist's Duty

 

March 10, 2016 - Construction and Labor Law - Owners and Contractor Have New Hope and the Sole Proximate Cause Defense is Alive and Being Enforced by the Appellate Division, Second Department

 

March 10, 2016 - Nursing Home-Long Term Care - New York Appellate Court Holds the "Continuous Treatment" and "Insanity" Tolls Inapplicable to Claims against Nursing Home

 

March 9, 2016 - Medical Malpractice - KBR Scores Appellate Victory in New York Nursing Home Litigation Involving Pressure Ulcers

 

March 8, 2016 - Insurance Covereage - Second Circuit Rules That D&O Policy Does Not Cover Criminal Action Against CEO Stemming From Alleged Fraudulent Business Opportunity Scheme

 

February 12, 2016 - Insurance Coverage- New Jersey: Late Notice Defense Strictly Enforced

 

February 12, 2016 - General Liability - Hutchinson: Significant Developments in the Trivial Defect Defense, Nassau Lawyer

 

January 14, 2016 - Medical Malpractice - New York Appellate Division, First Department, Rejects Argument Pressure Ulcers Were "Unavoidable"

 

December 21, 2015 - Medical Malpractice - New York Court of Appeals extends scope of duty of care to include non-patient third parties

 

December 9, 2015 - Insurance Coverage - NJ Supreme Court Holds Innocent Third Parties Cannot Recover Under Rescinded Professional Liability Policies

 

October 5, 2015 - General Liability - Campos, et al. v. Coleman, et al.: A Sea Change in Connecticut Filial Loss of Consortium Claims

 

August 21, 2015 - General Liability - First Department Sets High Hurdle for Defendants Opposing Summary Judgment in Labor Law § 240(1) Cases

 

August 20, 2015 - Premises Liability - New Jersey's Supreme Court Rules that a Homeowners Association Has Sidewalk Liability

 

August 20, 2015 - Nursing Home and Long Term Care - New York Appellate Court Upholds the Enforceability of Arbitration Clause in Nursing Home Admission Agreement

 

August 14, 2015 - Medical Malpractice - New Jersey's Appellate Division Strictly Enforces Statutory Expert Qualification Requirements

 

July 23, 2015 - Cyber Liability - Facebook Loses Appeal to Challenge Search Warrants Seeking Users' Private Account Information

 

July 16, 2015 - Employment Practices Litigation - Independent Contractors under the FLSA and Overtime Redefined - A One-Two Punch for Employers

 

 

June 29, 2015 - Hospitality and Dram Shop - Colorado's Highest Court Holds that Hotel Owes a Duty to Guest Even After Lawful Eviction from the Hotel Property

 

June 22, 2015 - Insurance Coverage - New York Court Gives Teeth to "Solely"

 

June 22, 2015 - Employment Practices Litigation - California Agency Puts the Brakes on Uber's Business Model

 

June 17, 2015 - Cyber Liability - Appellate Division Reverses Decision Granting Unlimites Access to Piano-Playing Personal Injury Plaintiff's Facebook Posts

 

June 13, 2015 - Medical Malpractice - Part II on Lavern's "Date of Discovery" Law

 

June 12, 2015 - Medical Malpractice - NYS Assembly's Approval of Lavern's Law May Lead to Skyrocketing Medical Malpractice Rates

 

June 4, 2015 - General Liability - Owners of Public Establishments Have a Duty to Protect Patrons Against Assaults

 

June 2015 - Good Samaritan Law During  Disasters: Balancing Altruism and Accountability

 

June 2, 2015 - Insurance Coverage - Recent Court's Holding Indicates that Assault and Battery Exclusions within a Commercial General Liability Policy Apply Even if Plaintiff Pleads Negligence

 

June 2, 2015 - General Liability - Evidence of General Cleaning Routine Insufficient to Establish Prima Facie Showing of Lack of Constructive Notice

 

June 2, 2015 - Insurance Coverage - Recent Court's Holding Indicates that Assault and Battery Exclusions within a Commercial General Liability Policy Apply Even if Plaintiff Pleads Negligence

 

May 28, 2015 - General Liability - IME Watchdog Companies And Their Impact On Defense Medical Examinations

 

May 27, 2015 - Medical Malpractice - Judgment as a Matter of Law vs. New Trial Under CPLR 4404

 

May 19, 2015 - Hospitality and Dram Shop - Hotel and Hospitality: Management of Slip and Fall Claims

 

April 2, 2015 - Medical Malpractice - New Jersey's Appellate Division Clarifies the Use of Non-testifying Experts' Opinions at Trial

 

Corporate Wellness Programs Face Legal Challenges Under The Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA), AHRMNY, Risk Management Quarterly (Vol. II 2015)

 

April 2, 2015 - Medical Malpractice - New Jersey's Supreme Court Denies Complete Immunity to Non-Profit Clinic Operated by Hospital

 

March 25, 2015 - Directors and Officers Liability - U.S. Supreme Court Clarifies Pleading Standard for Section 11 Claims Based on Statements of Opinion

 

March 25, 2015 - Disciplinary Proceedings & Professional Licensing - North Carolina's Dental Board Not "State" Enough To Warrant State Action Immunity

 

March 2, 2015 - Employment Practices Litigation - Looking Forward in 2015

 

February 23, 2015 - Insurance Coverage - Illinois Supreme Court Holds Innocent Insured Doctrine Not Applicable to Rescission

 

February 20, 2015 - Employment Practices Litigation - Employment Practices Alert: The New Jersey Supreme Court adopts the federal standard in hostile work environment claims based on gender, providing employers greater protection in such claims

 

February 19, 2015 - Insurance Coverage - Colorado Supreme Court Holds Notice-Prejudice Rule Not Applicable to Claims-Made D&O Policies with Date-Certain Notice Requirement

 

February 6, 2015 - Cyber Liability - Health Insurer Anthem Inc. Incurs What Might Be The Largest Healthcare Industry Data Breach To Date

 

December 12, 2014 - Premises Liability - New Smoke Detector Law Changes Life and Litigation

 

December 12, 2014 - Insurance Coverage - Rate Limitations For California Civil Code Section 2860 (For Independent Counsel) Apply After Insurer Agrees to Defend

 

November 3, 2014 - Insurance Coverage - New York Federal Court Rules in Favor of D&O Insurer on Issue of Interrelatedness of Claims Arising from Alleged Fraudulent Business Opportunity Scheme

 

October 28, 2014 - Premises Liability - New York's First Department Clarifies Defendant Landowner's Burden of Proof in Summary Judgment Motions on Snow and Ice Cases Based on Storm in Progress Defenses

 

October 24, 2014 - Insurance Coverage - Florida District Court: Breach of Contract Exclusion Enforced to Overcome Coblentz Agreement

 

October 23, 2014 - Lawyers Professional Liability - New York Court of Appeals Adopts "Likely to Succeed" Standard for Legal Malpractice Plaintiffs Who Fail to Appeal Underlying Action

 

October 9, 2014 - Construction and Labor Law - Recent Labor Law Decisions Granting Summary Judgment To Defendants

 

September 8, 2014 - Insurance Coverage - Florida Bad Faith: Intermediate Appellate Court Holds that a Finding of Coverage and a Determination of Damages are Necessary Conditions Precedent to Asserting a Claim for Bad Faith

 

August 4, 2014 - Premises Liability - Defendant Must Show Evidence of When Area Was Last Inspected or Cleaned Despite Plaintiff's Inability to Establish Notice

 

July 22, 2014 - Insurance Coverage - New Jersey Adopts Broad Common Interest Privilege

 

 

July 21, 2014 - Insurance Coverage - Demands For Payment Pursuant To Contracts Not Covered Under D&O Policy: Court Finds No Wrongful Act By Entity And That Contractual Liability Exclusion Applies

 

June 27, 2014 - Insurance Coverage - In $100M Settlement, Return of Overdraft Fees not Covered but Award of Attorneys' Fees and Costs Covered

 

June 25, 2014 - ERISA and Fiduciary Liability - U.S. Supreme Court Rejects Moench Presumption of Prudence, But Imposes a Heightened Pleading Standard for ERISA "Stock Drop" Cases

 

June 23,2014 - Insurance Coverage - Halliburton - Supreme Court Rules Capital Markets "Basic-ly" Efficient - Defense Can Challenge Price Impact At Class Certification Stage

 

May 14, 2014 - Employment Practices Litigation - Web-Weber v. Community Action for Human Services, Inc. -New York Whistleblower Claims Need Not Allege Specific Violations

 

May 8, 2014 - Insurance Coverage - KeySpan v. Munich Re - New York's Highest Court To Decide Whether Late Notice Defense Is Waived Due To Delayed Disclaimers

 

May 7, 2014 - Lawyers Professional Liability - The American Bar Association Sets Forth its Position on Lawyers Reviewing Juror Internet Presence

 

May 6, 2014 - Insurance Coverage - The Connecticut Appellate Court Rules Losses Associated with A Data Breach Incident Are Not Personal Injuries Covered Under a Commercial General Liability Policy

 

April 11, 2014 - Lawyers Professional Liability - New Jersey District Court Rules That Legal Malpractice Action Is Subject to Arbitration Based on Clause in Attorney Retainer Agreement

 

April 10, 2014 - Lawyers Professional Liability - New Jersey Legislature Revisits Shortening Statute of Limitations on Legal Malpractice Actions

 

April 1, 2014 - Premises Liability - Appellate Court Affirms Dismissal of Labor Law §240(1) Case

 

March 21, 2014 - General Liability - New Jersey's Appellate Division Clarifies Limited Application of Mode-of-Operation Liability Jury Charge to Claims against Business Owners

 

March 11, 2014 - Lawyers Professional Liability - Federal District Court Holds Attorney Conducting Background Check on Client's Employee Not Liable to Employee Under FCRA

 

March 6, 2014 - Premises Liability - Homeowners' Association Has No Civil Tort Liability For Resident's Fall on Interior, Publicly-Used Sidewalk Within The Community Despite Association's Duty to Maintain Such Sidewalks

 

March 3, 2014 - Premises Liability - Appellate Court Rejects Open and Obvious Defense

 

February 27, 2014 - Miscellaneous Professional Liability - Law Firms, Brokers And Others May Be Sued In State Courts For Secondary Involvement In Non-Securities Investment Schemes

 

February 18, 2014 - Insurance Coverage - K2 - New York's Highest Court Reverses Itself - No Waiver On A Duty To Defend Breach

 

February 7, 2014 - Employment Practices Litigation - New York Court of Appeals Rules Employer Not Liable for Disclosure by Employee Of A Patients Protected Health Information Where Disclosure Occurred Outside of the Employees Job Duties

 

February 3, 2014 - Employment Practices Litigation - Employment Practices Alert: Supreme Court defines meaning of "Changing Clothes" within the context of FLSA Section 203(o)

 

February 3, 2014 - Insurance Coverage - New Jersey Court Sides with New Jersey Medical Malpractice Plaintiff in Dispute Over Coverage with Rhode Island Liability Insurer

 

January 27, 2014 - Employment Practices Litigation - Employment Practices Alert: New Jersey Governor Chris Christie signs law prohibiting pregnancy discrimination in the workplace

 

January 24, 2014 - Appellate Practice - Appellate Division Holds That Claims Against Non-Ordained Spritual Counselor Barred By First Amendment

 

January 21, 2014 - General Liability - Pennsylvania Court Awards Summary Judgment to Defendant Resort in Bicycle Accident Case

 

January 16, 2014 - Employment Practices Litigation - Ring in the New Year with a Look Back at Employment Law in 2013

 

January 10, 2014 - Medical Malpractice - Supreme Court Enforces Authority Of Religious Arbitration Association

 

January 8, 2014 - Insurance Coverage - K2 Update - New York's Highest Court Revisits Consequences Of Duty To Defend Breach

 

January 6, 2014 - Medical Malpractice - Trial Court Finds No Duty Owed by Mental Health Facility To Control A Former Resident's Conduct

 

 December 20, 2013 - General Liability - A Bright Line Drawn for Determining Whether Documents Are Made in Anticipation of Litigation

 

December 2, 2013 - Medical Malpractice - New York's Highest Court Holds There is No Duty Owed by Hospitals or Physicians to Prevent An Intoxicated Patient From Leaving Facility

 

Fall 2013 - Understanding the Unique Liabilities of Serving as a Director or Officer of a Nonprofit, The Brief

 

November 12, 2013 - Insurance Coverage - Supreme Court of Delaware Unambiguous on Ambiguity

 

October 22, 2013 - Insurance Coverage - California Federal Court Rules Insurer Must Defend and Indemnify Insured for Medical Data Breach Claims

 

October 21, 2013 - Premises Liability - Well Known Alarm Expert, Jeffrey D. Zwirn, Precluded From Testifying in United States, District Court, Southern District of New York, After Charging Over $400,000.00 In Expert Fees in One Case

 

October 10, 2013 - Medical Malpractice - New Jersey's Supreme Court Affirms the Absolute Self-Critical Analysis Privilege of Internal Hospital Review

 

September 30, 2013 - Insurance Coverage - New York's  No Prejudice  Rule Governs Late Notice By California Insured

 

September 5, 2013 - Medical Malpractice - New Jersey's Appellate Division Finds Special Considerations to Allow Plaintiff Additional Time to Retain Expert in Defendant Doctor's Specialty

 

September 4, 2013 - Insurance Coverage - New York's  Highest  Court To Rehear K2 Case On  Waiver  Of Policy Exclusions Where Breach Of Duty To  Defend

 

August 28, 2013 - Insurance Coverage - Impact Of K2 Case Seen In New Federal Decision

 

August 15, 2013 - Employment Practices Litigation - Federal Court Orders the EEOC to Pay Attorneys' Fee for Pursuing Unreasonable and Groundless Claims

 

August 12, 2013 - General Liability - Court Dismisses Negligent Security Claim Based on Evidence Showing Door was Inspected and Absence of Work Orders

 

Summer 2013 - Medical Malpractice - Potential Liability Risks and Solutions For Accountable Care Organizations, Risk Management Quarterly

 

August 8, 2013 - Construction and Labor Law - Lack of Appropriate Safety Device Required for Labor Law §240(1)

 

August 8, 2013 - Insurance Coverage - Northern District of Georgia Finds that Amount Paid by Bank to Settle Overdraft Fee Class Action is Uninsurable Restitution

 

August 7, 2013 - General Liability - Second Department follows emerging trend of CPLR interpretation allowing emails to bind parties to a settlement

 

July 31, 2013 - Miscellaneous Professional Liability - New York State Department of Financial Services Proposes New Debt Collection Rules

 

June 25, 2013 - Insurance Coverage - US Supreme Court to Review Bankruptcy Court Jurisdiction over Certain Adversary Actions

 

June 25, 2013 - Employment Practices Litigation - Supreme Court Issues Key Employment Rulings Interpreting Narrowing Employer Liability under Title VII

 

June 13, 2013 - Insurance Coverage - Claim Made In One Policy Period And Reported In The Next Does Not Trigger Coverage Under Either Of Two Consecutive Claims Made And Reported Policies And Maryland Notice-Prejudice Statute Doese  Not Apply

 

June 12, 2013 - Insurance Coverage - New York's Highest Court Holds that Breach of the Duty to Defend Waives the Right to Rely on Exclusions for Loss

 

May 7, 2013 - Medical Malpractice - Third Department Reigns in the Affirmative Defense for a Justified Breach of Patient/Physician Confidentiality

 

May 6, 2013 - Insurance Coverage - Sixth Circuit Court of Appeals Finds that FTC Subpoena is not a Claim under a D&O Policy

 

April 22, 2013 - 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

 

April 22, 2013 - 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

 

April 8, 2013 - Employment Practices Litigation - Will A Wage and Hour Class Action Be Certified? Recent U.S. Supreme Court Comcast Decision Gives Courts Reason to Pause Before Doing So

 

April 8, 2013 - Premises Liability - Court Denies Defendant's Dismissal Motion Despite "Storm in Progress" Defense

 

April 5, 2013 - Insurance Coverage - Northern District of Georgia Finds No Coverage under D&O Policy Due to Inadequate Notice of Circumstances

 

March 29, 2013 - Medical Malpractice - 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

 

March 26, 2013 - Lawyers Professional Liability - New York Appellate Court Permits Legal Malpractice Action to Proceed Despite Prior Resolution of Fee Dispute Over the Same Legal Services

 

March 25, 2013 - Premises Liability - Establishing The Special Employee Defense

 

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

 

March 19, 2013 - Appeallate Practice - New York Appellate Division Grants Defendants' Motion for Sanctions against Plaintiff in Medical Malpractice Case

 

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

 

March 15, 2013 - Employment Practices Litigation - Discimination Alert: The New Jersey Division of Civil Rights awards damages in the first Law Against Discrimination bullying case

 

March 15, 2013 - Employment Practices Litigation - New York Adopts the Nation's Most Far-Reaching Measure Protecting "Unemployment" Discrimination

 

March 8, 2013 - General Liability - Litigation Alert: An Expert witness's opinion based on a hypothetical, with support in the record, is admissible

 

March 5, 2013 - Insurance Coverage - Central District of California Rules that Claims Arising from Insured's Mortgage Securitization Business were Not Covered under D&O Policies

 

March 1, 2013 - Employment Practices Litigation - New York Appellate Court Substatially Limits Defamation Claims

 

March 1, 2013 - 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

 

February 26, 2013 - Insurance Coverage - Southern District of Illinois Finds that Restitution is not Damages under E&O Coverage

 

February 21, 2013 - What Constitutes 'Medical Care' For Statute of Limitations Purposes?, New York Law Journal

 

February 21, 2013 - Lawyers Professional Liability - United States Supreme Court Determines that Federal Courts Do Not Have Exclusive "Arising Under" Jurisdiction Over Legal Malpractice Claims Based on Underlying Patent Matters

 

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

 

February 15, 2013 - General Liability - Excessive Payments to Fact Witnesses May Result in Jury Charge on Potential Bias, but not Exclusion of Testimony

 

February 15, 2013 - General Liability - 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

 

February 14, 2013 - Employment Practices Litigation - The Price of "Dliberate Indifference"- A Cautionary Tale of a School District's Failure to Adequately Address Peer-on-Peer Harassment Complaints

 

February 12, 2013 - Premises Liability - Whether a Condition Violated New York City Building Code is Question of Law for the Court

 

February 11, 2013 - Insurance Coverage - District of Massachusetts Rejects Insured's Attempt to Narrow Scope of D&O Liability Policy's "Known Circumstances" Exclusion

 

February 5, 2013 - Employment Practices Litigation - New York City Council Passes Bill Banning Discrimination Based on Unemployment Status

 

February 5, 2013 - General Liability - Plaintiff's Reliance on Hearsay Statement From Decedent Did Not Raise An Issue of Fact

 

February 1, 2013 - Insurance Agents and Brokers - New York's Highest Court Permits Action Against Broker Despite Policyholder's Failure to Read the Policy

 

January 30, 2013 - Lawyers Professional Liability - 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

 

Jan 29, 2013 - Miscellaneous Professional Liability - Debt Collectors Permanently Banned from Industry Following Settlement with FTC

 

January 18, 2013 - Lawyers Professional Liability - 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

 

Jan 16, 2013 - Premises Liability - Evidence Must Be Secured To Avoid The Drastic Result Of A Spoilation Finding

 

January 15, 2013 - Healthcare Law - Health Law Developments in 2012 & Implications For 2013

 

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

 

December 26, 2012 - Appellate Practice - 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

 

December 18, 2012 - Appellate Practice - Second Department Holds That Severance is Warranted Where Defendants File For Bankruptcy in Multi-Defendant Actions

 

December 14, 2012 - Insurance Agents and Brokers - Superstorm Sandy Destruction Has Lawyers Targeting Insurance Agents and Brokers

 

December 7, 2012 - Insurance Coverage - Arbitrators' Ruling on Insured's Sexual Misconduct Precludes Coverage for Pending Charge of Discrimination

 

December 7, 2012 - Insurance Coverage - Whether Underlying Plaintiff was Duly Elected or Appointed Director Bars Application of Insured v. Insured Exclusion at Summary Judgment

 

December 6, 2012 - Medical Malpractice - 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

 

November 30, 2012 - Medical Malpractice - 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

 

November 27, 2012 - Insurance Coverage - 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

 

November 12, 2012 - Medical Malpractice - Expert Not Permitted to Opine Outside of His Specialty Area Without Laying the Proper Foundation

 

November 20, 2012 - Business Interruption - Civil Authority Coverage

 

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

 

November 8, 2012 - General Liability - New York Court of Appeals Issues New Primary Assumption of the Risk Decision

 

November 5, 2012 - Employment Practices Litigation - Storm Recovery: Hurricane Sandy's Impact on Employers

 

November 2, 2012 - Insurance Coverage - Massive Losses and Claim Volume Expected in Wake of Hurricane Sandy

 

JON BRUNO - DO NOT POST

October 25, 2012 - Employment Practices Litigation - New York Appellate Court Holds that New York's Health Care Employee Whistleblower Act Bars Employee From Pursuing Other Claims Against Former Employer

 

October 17, 2012 - Hospitality and Dram Shop - Third Circuit Defends Hotel's Limited Duty to Assist a Guest in Medical Need

 

October 5, 2012 - Employment Practices Litigation - Federal District Court Holds that Unpaid Volunteers and Interns Are Not "Employees" Under Title VII and the ADA

 

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

 

September 24, 2012 - General Liability - Uncorroborated Hearsay Admission Creates Issue of Fact Despite the Absence of Notice of a Hazardous Condition

 

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

 

September 12, 2012 - Hospitality and Dram Shop - Appellate Court Finds No Evidence that Club was on Notice of Security Issues

 

Sept 13, 2012 - Employment Practices Litigation - Recent Employment Cases Highlight Strategic Uses of Offers of Judgment

 

August 31, 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

 

August 31, 2012 - Medical Malpractice - Rescue Squad Entities Do Not Enjoy the Same Immunity as its Members, For Now

 

August 29, 2012 - Premises Liability - Sidewalk Liability May Now Attach to Residential Property Owners with New Restatement

 

August 29, 2012 - Insurance Coverage - California District Court Recognizes Distinction Between Duty to Advance Defense Costs and Duty to Defend

 

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

 

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

 

August 15, 2012 - 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

 

August 1, 2012 - Medical Malpractice - New York Legislature Mandates New Requirements For Providers Of Mammography Services

 

July 23, 2012 - General Liability - Summary Judgment Reversed Despite Plaintiff's Inability to Identify What Caused His Fall

 

July 23, 2012 - Miscellaneous Professional Liability - 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

 

July 2, 2012 - Insurance Coverage - Central District of California Rules in Favor of D&O Insurers on Issue of Interrelatedness of Claims Arising from Collapse of IndyMac

 

July 2, 2012 - Architects and Engineers - NY Court Rejects Continuous Representation Doctrine Inapplicable in Engineering Malpractice Action

 

June 29, 2012 - Directors and Officers Liability - Dismissal of Prior Case on Demand Futility Grounds Does Not Mandate Dismissal of Parallel Shareholder Derivative Action

 

July 12, 2012 - Insurance Coverage - Insured vs. Insured Exclusion Partially Bars Coverage Where Some But Not all Plaintiffs are Insureds

 

June 29, 2012 - General Liability - NJ Appellate Court Upholds Waiver Despite "Releasor's Remorse"

 

June 29, 2012 - Employment Practices Litigation - It's all in the Details: U.S. Supreme Court Rules that Pharmaceutical Representatives are Exempt from Overtime

 

June 14, 2012 - Employment Practices Litigation - New York State Division of Human Rights Denied Authority over Public Schools

 

March 9, 2012 - General Liability - The Legal Obligations of Health Clubs to Maintain and Use AEDs, Club Industry

 

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

 

April 30, 2012 - Medical Malpractice - Case against Biblical Counselor Dismissed In Light of Constitutional Concerns and Abolished Causes of Action

 

April 30, 2012 - Medical Malpractice - Seduction Case against Biblical Counselor Dismissed In Light of Constitutional Concerns and Abolished Causes of Action

 

April 19, 2012 - Premises Liability - Department Rules Summary Judgment Appropriate, finding that the Plaintiff's Assault Was Not Foreseeable As A Matter of Law

 

June 1, 2012 - Lawyers Professional Liability - New York Court of Appeals: Non-Pecuniary Damages in Legal Malpractice Action Arising from Criminal Representation Not Recoverable

 

April 19, 2012 - Insurance Coverage - 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

 

June 14, 2012 - Employment Practices Litigation - New York State Division of Human Rights Denied Authority over Public Schools

 

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

 

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

 

April 16, 2012 - Employment Practices Litigation - NLRB Notice Posting Rule Struck Down by South Carolina District Court

 

March 23, 2012 - Employment Practices Litigation - NLRB Final Rules Take Effect April 30, 2012

 

June 14, 2012 - Construction and Labor Law - Labor Law Section 240(1): Expanding Falling Object Liability

 

March 23, 2012 - Miscellaneous Professional Liability - 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

 

April 4, 2012 - Employment Practices Litigation - EEOC Issues Final Rule on Age Discrimination Defense

 

March 20, 2012 - Insurance Coverage - Third Circuit Upholds Strict Application of Claims-Made Policy’s Reporting Requirements

 

April 18, 2012 - Employment Practices Litigation - NLRB Postpones Notice Posting

 

March 23, 2012 - Nurising Home and Long Term Care - Court of Appeal Holds That Prevailing Defendant Can Recover Costs From Plaintiff Under California’s Elder Abuse Act

 

April 5, 2012 - Construction and Labor Law - Bill Introduced to Modify New York "Scaffold Law" from Strict Liability to Comparative Negligence Standard

 

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

 

March 14, 2012 - General Liability - 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

 

March 9, 2012 - ERISA and Fiduciary Liability - Sixth Circuit Finds ERISA Fiduciaries Not Entitled to “Moench Presumption” at Motion to Dismiss Stage

 

March 13, 2012 - General Liability - Decisions On Cases Involving Slip And Fall Accidents Due To Inclement Weather

 

March 8, 2012 - Architects and Engineers - NY Appellate Court Addresses Anti-Subrogation Rule and Contractual Waiver of Subrogation Rights

 

March 14, 2012 - Insurance Agents and Brokers - New York Appellate Court Upholds Regulation Requiring Brokers to Disclose Whether They Will Receive Compensation From an Insurer or Third-Party

 

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

 

March 8, 2012 - Appellate Practice - 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

 

March 9, 2012 - General Liability - 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

 

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

 

February 24, 2012 - ERISA and Fiduciary Liability - New York Court of Appeals Holds No Coverage for ERISA Claim Against Insured Corporation Acting in Settlor Capacity

 

February 29, 2012 - Medical Malpractice - Rhode Island May Join Others With Legal Protection for Physicians Who Apologize

 

Feb 22, 2012 - Insurance Coverage - Texas Courts Consider Insureds’ Prior Knowledge in Recent Rulings for LPL and D&O Insurers

 

Feb 23, 2012 - Nursing Home and Long Term Care - 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

 

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

 

Feb 9, 2012 - Construction and Labot LawEvidence Regarding Inspection Procedures Required to Prevail on Summary Judgment When Constructive Notice Alleged

 

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

 

February 16, 2012 - Architects and Engineers - New York Court of Appeals Finds Excavating Landowner Strictly Liable for Damage to Adjoining Property Under Pre-2008 Law

 

February 14, 2012 - Architects and Engineers - Architects Denied Summary Judgment Despite Lack of Privity with Plaintiff

 

February 9, 2012 - Medical Malpractice - Regarding Inspection Procedures Required to Prevail on Summary Judgement When Constructive Notice Alleged

 

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

 

February 9, 2012 - Employment Practices Litigation - A Matter of Interpretation: First Circuit Declines to Extend SOX Whistleblower Protection to Employees of Private Companies Engaged as Contractors of Public Companies

 

February 2, 2012 - Insurance Coverage - Court Finds Benefits Due Exclusion Precludes Coverage under Fiduciary Liability Policy

 

February 6, 2012 - Lawyers Professional Liability - Legal Malpractice Claim Dismissed as Time-Barred Due to Lack of "Continuous Representation"

 

January 25, 2012 - Miscellaneous Professional Liability - Federal Court Finds Series of Unanswered Telephone Calls Made by Debt Collector to Unintended Recipient Did Not Violate Fair Debt Collection Practices Act

 

February 1, 2012 - Insurance Coverage - 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

 

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

 

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

 

January 13, 2012 - Employment Practices Litigation - United States Supreme Court Recognizes Broad "Ministerial Exception" to Employment Discrimination Laws

 

January 11, 2012 - Employment Practices Litigation - NLRB Delays Notice-Posting Rule until April 30, 2012

 

July 31, 2015 - Cyber Liability - Social Media, the “Next Frontier” for Service of Process, DRI, The Whisper, Vol. 11, Issue 7

 

January 9, 2012 - Employment Practices Litigation - California Supreme Court Finds That Administrative / Production Worker Dichotomy Is Not Dispositive In Determining Whether Employees Are Exempt From Overtime Compensation Requirements

 

January 11, 2012 - Insurance Coverage - Court Finds FTC Investigation Constitutes a Claim under D&O Policy

 

January 3, 2012 - Insurance Coverage - Stipulated Judgement Against Insured, With A Covenant Not To Execute, Is Not A Covered Loss Under D&O Policy

 

December 30, 2011 - Insurance Coverage - Southern District of California Finds Insurer Entitled to Rescission Based on Insured's Concealment of Material Adverse Information

 

December 29, 2011 - Insurance Coverage - Ninth Circuit Upholds Carrier Position That Wage And Hour Class Action Lawsuit Does Not Allege An Employment Practices Wrongful Act

 

Warning: Everyone Plays a Role in Avoiding Cyber Liability, Risk Management Quarterly (Summer 2014)

 

December 19, 2011 - Medical Malpractice - New Focus on Electronic Distractions in Medical Care

 

March 7, 2014 - Cyber Liability - Record Multi-Million HIPAA Fine Issued Against Puerto Rico Managed Care Company

 

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

 

November 8, 2013 - Cyber Liability - Class Action Settlement Agreement Preliminarily Approved in Florida Healthcare Data Breach Lawsui

 

May 23, 2013 - Cyber Liability - U.S. Supreme Court Unanimously Rejects Farmer's "Blame-the-Bean Defense" in Self-Replication Patent Infringement Action

 

December 14, 2011 - Insurance Coverage - New York Appellate Court Finds that Disgorgement Payment to SEC under Settlement Agreement was not an Insurable Loss

 

March 27, 2013 - Cyber Liability - Massachusetts Expands Its Consumer Protection: ZIP Codes May Now Qualify as Protected Personal Identification Information During a Credit Card Transaction

 

December 2, 2011 - Medical Malpractice - Dentist Is Sued By Patient Who Alleges Dentist Sought To Impose Fines For Negative Internet Comments

 

November 23, 2011 - Lawyers Professional Liability - Attorney's Ghostwriting for Pro Se Petitioners Was Not Misconduct, Says Second Circuit

 

Feb 11,2013 - Cyber Liability - The Thin Line Between Public and Private: Gaining Access to Plaintiff's Facebook Content During Litigation

 

November 29, 2011 - Insurance Coverage - Breach of Consent to Settle Provision Precludes Coverage for $25,000,000 Settlement in Federal v. SafeNet

 

November 19, 2012 - Cyber Liability - 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

 

November 22, 2011 - Insurance Coverage - Eastern District of California Finds that Insurer Properly Allocated Defense Costs and Set Reasonable Rates for Independent Counsel Selected by Insureds

 

November 11, 2011 - Miscellaneous Professional Liability - Home Buyers Can Sue Title Insurers Under New Jersey's Consumer Fraud Act

 

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)

 

November 10, 2011 - ERISA and Fiduciary Liability - Fee Award Not Warranted Under ERISA for "Trivial" Non-Monetary Settlement

 

November 7, 2011 - Nursing Home and Long Term Care - Assisted Living Residences Are Now Required To Permit Long Term Care Ombudsmen Access To Facility

 

November 7, 2011 - Lawyers and Professional Liability - Collectors and Their Collection Attorneys May Be Held Liable Under the FDCPA For Filing Successive Lawsuits Against a Debtor

 

October 18, 2011 - Insurance Coverage - Eleventh Circuit Finds No Coverage under D&O Policy for Informal SEC Investigation

 

October 21, 2011 - ERISA and Fiduciary Liability - Victory for ERISA Fiduciaries: Second Circuit adopts the "Moench Presumption"

 

October 13, 2011 - Medical Malpractice - State Law Now Requires A Master's Degree Or Higher To Obtain A License In Physical Therapy

 

October 10, 2011 - Insurance Coverage - Settlement Within Primary's Limit Does Not Trigger Excess Limit Even Though Loss May Exceed Both Limits

 

October 6, 2011 - Insurance Coverage - 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.

 

October 4, 2011 - Insurance Coverage - 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

 

September 21, 2011 - Medical Malpractice - Second Department Holds Mental Health Provider 75% Liable For Having Sexual Relationship With Patient

 

September 15, 2011 - Insurance Coverage - S.D.N.Y. Rejects Purported Derivative Claims as "Artifice" to Implicate Coverage

 

September 23, 2011 - Insurance Coverage - California Court Of Appeal Rules In Favor Of Insurer On The Issue Of Interrelatedness

 

September 7, 2011 - General Liability - Eastern District of New York Awards Summary Judgment to Defendant Golf Course Based Upon Plaintiff's Voluntary Assumption of Risk

 

September 6, 2011 - Employment Practices Litigation - NLRB Issues Final Rule Imposing Notice Posting Requirement on Private Sector Employers

 

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

 

September 1, 2011 - Insurance Coverage - 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

 

September 1, 2011 - Appellate Practice - State Appellate Court Finds Mental Health Professionals Immune From Suit

 

August 26, 2011 - Lawyers Professional Liability - Malpractice Alert: Claim Revived Where Attorney Failed to Timely Appeal Viable Pension-Claim Appeal

 

August 15, 2011 - Insurance Coverage - Fifth Circuit: Excess Policies not Triggered when Insured entered Below-Limits Settlement with Primary

 

Appellate Practice

 

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

 

Bankruptcy

 

Delaware - Insurance Coverage Dispute Held Not a "Core" Bankruptcy Proceeding, Client Advisory (August 22, 2014)

 

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)

 

Cyber Liability

 

Recent Cybersecurity Exposures Provide Important Lessons, AHRMNY, Risk Management Quarterly (Vol. 1, 2015)

 

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

 

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

 

Developments in the Law

 

New Court Rules Mandate Redaction of Litigant's Confidential Personal Information in an Attempt to Curb Identity Theft, Client Advisory (February 12, 2015)

 

Legislative Update: Governor Signs Legislation Amending General Obligations Law §5-335 to Affirmatively Prevent ERISA Plans From Asserting Liens Against Settlement Proceeds in Personal Injury, Medical Malpractice and Wrongful Death Actions, Client Advisory (November 15, 2013)

 

Legislative Update: New York Labor Commissioner Enacts Regulations and Procedures for Wage Deductions Pursuant to Labor Law §193, Client Advisory (November 1, 2013)

 

Legislative Updates: Noteworthy Amendments in the Public Health Law, Mental Hygiene Law, Education Law, and Social Services Law, Client Advisory (October 29, 2013)

 

Legislative Updates: Noteworthy Amendments to the CPLR, Public Health Law, and Education Law, Client Advisory (August 15, 2013)

 

Directors and Officers Liability

 

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)

 

Employment Practices Litigation

 

February 27, 2017 - Employment Practices Litigation - NJ Jury Awards Staggering $51 Million in Age Discrimination Case

 

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)

 

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

 

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)

 

Healthcare Law

 

December 15, 2014 - Healthcare Law - Office of Inspector General (OIG) 2015 Work Plan

 

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

 

Hospitality and Dram Shop

 

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 Coverage

 

June 3, 2015 - Insurance Coverage - Montana: Notice-Prejudice Rule Applies

 

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)

 

Lawyers Professional Liability

 

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)

 

Medical Malpractice

 

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 (May 6, 2011)

 

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)

 

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

 

Miscellaneous Professional Liability

 

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

 

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

 

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

 

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Areas of Interest


 Accountants Professional Liability

 Allied Health Professionals

 Appellate Practice

 Architects and Engineers

 Aviation Litigation and Transactions

 Bankruptcy

 Commercial Litigation

 Condominium and Community Association Liability

 Construction and Labor Law

 Corporate

 Crisis Management

 Cyber Liability

 Directors and Officers Liability

 Disciplinary Proceedings & Professional Licensing

 Employment Practices Litigation

 Environmental, Toxic and Mass Torts

 ERISA and Fiduciary Liability

 Fire and Explosion

 Food, Drug and Medical Device Litigation

 General Liability

 Healthcare Law

  •  Compliance/Regulatory
  •  Contracts
  •  Corporate/Transactional
  •  Managed Care/Payer Issues
  •  Medical Staff Matters

 Hospitality and Dram Shop

 Insurance Agents and Brokers

 Insurance Coverage

  •  Business Interruption
  •  Coverage Litigation and Arbitration
  •  E&O and Professional Liability
  •  Employment Practices Coverage
  •  ERISA and Fiduciary Liability
  •  Fidelity
  •  Financial Institutions
  •  General and Excess

 Lawyers Professional Liability

 Medical Malpractice

 Miscellaneous Professional Liability

 Nursing Home and Long Term Care

 Premises Liability

 Product Liability Defense

 Securities Broker-Dealer

 Security Guard Liability

 Trucking and Transportation