July 2010
Employment
"Wage and hour classification reviews recommended in anticipation of new FLSA regulations"
June 2010
Toxic Tort and Environmental
"An overview of the status of the component parts defense in asbestos litigation" . "Developments in environmental law" . "New EPA lead rules increase the burden on contractors and landlords" . More.
June 2010
Aviation
"Case updates" . "Select recent national decisions impacting aviation law" . "New filings and recent incidents" . "Aviation news" . "Verdicts/Settlements" . More.
May 2010
Product Liability
"After Asahi Metal: forging a new personal jurisdiction standard" . "New York amends its General Obligations Law" . "Pharmacovigilance in a post-Wyeth v. Levine world" . "Product safety legislation update: new mandatory recall rule" . More.
February 2010
Life, Health, Disability & ERISA
"Raising the stakes for insurance fraud: offsetting costs and fees incurred to investigate and rescind life insurance policies" . "Important ERISA Holdings from Hobson v. Metropolitan Life Insurance Company, 574 F.3d 75 (2d Cir. 2009)" . "Group policy mental and nervous disorder limitations: new California law" . "Trial tactics: claims handling experts for the defense" . "Trial tactics: claims handling experts for the defense" More.
January 2010
Aviation
"Select recent national decisions impacting aviation law" . "Verdicts/Settlements" . "New filings" . "Aviation news and recent incidents" . "Recent accidents"
December 2009
Product Liability
"Comparative responsibility is not admissible to apportion liability for enhanced injurie" . "Bartkowiak v. Regeneration Technologies, Inc.: Fourth Department affirms dismissal of plaintiff’s complaint in bone implantation case" . "CPSC finds 'a strong association' with imported Chinese drywall and toxic fumes" . "The Foreign Manufacturers Legal Accountability Bill S. 1606 of 2009" . "Hot liquid liability: decision on Starbucks Corporation’s motion for summary judgment in Moltner v. Starbucks" More.
September 2009
California Employment
"Employment Claims Are On The Rise" . "Arbitration agreements that seek an employee's waiver of class action rights and waiver of rights under the Private Attorney Generals Act (PAGA) are unenforceable" . "A candid interview Debra Mellinkoff, a prominent California employment mediator" . "Notable employment related bills pending before the California legislature for the 2009-2010 session" More.
May 2009
California Employment
"California Supreme Court to review recent decision on meal and rest period rules" . "Discrimination lawsuits – Beware of attorney fees" . "Retaliation claims increasing, but are not fatal to the employer's disciplinary policies" . "California employers can ‘just say no!’". "Military families get extension in FMLA leave time and additional protection under new Final Rules and Regulations" . "Individual supervisors cannot be held liable for retaliation" . "Court decision may put an end to double dipping by public employees" More.
April 2009
Employment Law
Broadened ADA expands § 504 and employee accommodation exposure. A recent change in the Americans with Disabilities Act (ADA) will expand school district obligations to accommodate students and employees. Addressing case law that narrowly interpreted "disability," effective January 1, 2009, the ADA has been broadened (Public Law, 110-32s, September 25, 2008) to enlarge the universe of disabled individuals.
March 2009
Product Liability
"Product liability case resolves batch-clause interpretation in favor of insurers" . "One-year stay of enforcement of testing and certification requirements of the Consumer Product Safety and Improvement Act of 2008" . "Proposed legislation seeking reversal of federal preemption bar to suit" . "The Innovator Liability Doctrine: Conte v. Wyeth . Sunshine in Litigation Act" . "Wilson Elser obtains defense verdict on behalf of distributor of a toaster oven" More.
January 2009
Employment Law
New York State enacted two employment statutes in 2008 that impose new notice requirements on employers beginning on February 1, 2009. Employers should review their obligations under those statutes to ensure that they are in compliance on that effective date.
September 2008
Dental Malpractice
"Minimizing Risk: The importance of taking and documenting Medical and Dental history" . "Minimizing Risk: Documenting informed consent"
September 2008
Product Liability
U.S. Supreme Court again limits punitive damages . California adopts sophisticated user defense in product liability actions . Texas Intermediate Appellate Court reverses Vioxx verdict . New Jersey Appellate Court Weighs in on Federal Preemption of Pharmaceuticals
August 2008
Employment Law
Labor Board decision on union e-hijacking
July 2008
Employment Law
Employers Do Not Have to Ensure Employees Take Meal Breaks According to an Eagerly Awaited California Court of Appeal Decision
April 2008
Product Liability
Federal preemption of pharmaceuticals and medical devices . Miami attorneys win product liability case involving lift for electric scooter . “Stream of commerce plus“ or minus?
March 2008
Product Liability
"Federal preemption of drug and medical device regulation – the first shoe has dropped" . "Lithium-ion batteries: an emerging focus of causation in consumer product fires" . "The Uncertainties and Challenges of Nanotechnology" . "Update on foreign jurisdictional issues"
January 2008
Employment Law
Employers are not required to accommodate medical marijuana use in California
November 2007
Product Liability
"Congress may broaden CPSC’s powers" . "Easing of restrictions on 3rd party claims against employers" . "Duty to defend additional insured under New York law" . "Preclusion of expert testimony “prepared-solely-for litigation” is upheld by the by the US Court of Appeals for the Sixth District" . "GARA Update: Selected Recent Holdings" . "Supreme Court allows CERCLA Section 107 contribution"
June 2007
Employment Law
Immigration status is not a bar to illegal aliens filing civil rights claims against their employers.
May 2007
Employment Law
Plaintiffs speak out on pantomime claims.
May 2007
Product Liability
"Shopping cart safety" · "Philip Morris USA v. Williams: U.S. Supreme Court nixes punitive damages awards that punish a defendant for harm to nonparties" · "Summary judgment on failure-to-warn claim" · "Court dismisses a New York Times employee’s leukemia claim" · "Massachusetts adopts sophisticated user doctrine as defense in product liability actions"
April 2007
Employment Law
Working mothers: a protected class? Courts allow discrimination claims based on family/childcare stereotyping.
February 2007
Employment Law
February is a month associated with romance and courtship. But what are the potential consequences of workplace romance for employers? Our federal and state courts struggle with these questions on a regular basis, and many of our employers attempt to safeguard themselves with no-fraternization policies.
February 2007
Product Liability
"New York’s high court rejects as speculative experts’ no-threshold approach to proving causation: Parker v. Mobil Oil Corp." · "The Class Action Fairness Act: Is it working?" · "Motion for summary judgment granted in lawn tractor litigation" · "New standards for spoliation – CT and NV" · "$250 million punitive damages award against Ford reduced in California"
January 2007
Employment Law
California’s most talked-about EPL case: Miller v. Department of Corrections.
December 2006
Employment Law
Businesses with Texas employees who jump to a competitor are now more able to enforce a reasonable non-compete.
November 2006
Product Liability
"Buyer beware: The All Appropriate Inquiry rule" · "Website access for the blind" · "The Texas two-step approach to product liability claims: Neither the existence of a defect nor causation can be presumed" · "Fake product, real exposure: The growing threat of counterfeiting"
November 2006
Employment Law
FMLA update: The Family and Medical Leave Act was signed into law by President Bill Clinton in 1993, fulfilling a campaign promise to American workers that their jobs would be safeguarded in the event of serious illness — their own or an immediate family member’s — or when a child is born or adopted. Detractors say the law is overly complex and subject to employee abuse. Not surprisingly, the courts have had to step in to interpret provisions of the law, particularly with regard to the circumstances under which employees should be granted such leaves.
October 2006
Employment Law
Court invalidates general release and covenant not to sue as contradictory and confusing: Employers commonly seek to obtain from a terminated employee a general release of all employment-related and other claims and a covenant not to sue with respect to such claims in exchange for a severance package. In that regard, the Older Workers Benefit Protection Act (“OWBPA”) sets forth specific requirements for a valid knowing and voluntary waiver of an individual’s rights under the Age Discrimination in Employment Act (“ADEA”).
October 2006
Construction
"Case law builds in support of NYS Appeals Court 'Absolute Liability' decision" · "NYS Appeals Court delivers important decisions on construction claims cases" · "Danger ahead for claims professionals: Failure by clients to timely preserve electronically stored information"
October 2006
Health Care Law
"Calculating loss of future earnings for infant plaintiffs" · "The permissibility of interviewing non-party physicians after HIPAA" · "Claims of wrongful life and wrongful birth"
October 2006
Employment Law
Veterans’ Re-employment Rights: Beyond Mere Re-employment: Most employers are familiar with the concept of "employment-at-will," a legal doctrine under which employees generally can be discharged at any time, for any, or no, reason. Well-advised employers take great pains to issue "at-will disclaimers" to highlight the importance of this legal doctrine and craft employee handbooks and other policies to avoid making any promise of continued employment. However, some employers may not realize that the U.S. Congress has created a growing body of employees exempt from employment-at-will policies.
September 2006
Product Liability
"Federal repose statute gains ground" · "Defense verdict in welding rod litigation" · "New York’s highest court rejects “product line” exception to successor liability law" · "Summary judgment in case involving water ski boat"
August 2006
Employment Law
Supreme Court expands scope of Title VII retaliation claims: Retaliation claims have always been some of the most difficult employment claims for employers to handle, particularly where the employee making the claim remains actively employed. The United States Supreme Court's recent decision in the Burlington Northern & Santa Fe Railway Co. v. White case just enlarged the scope of these claims.
June 2006
Product Liability
"ANSI's new standards for manuals soon to arrive" · "Assumptions about spectator injuries at sporting events" · "Admissibility of foreign standards and designs" · "Statute of repose for recreational vessel manufacturers"· "Decline in federal product liability lawsuits" · "Florida legislature repeals doctrine of joint and several liability"
April 2006
Aviation
"The General Aviation Revitalization Act: A brief overview" · "The Montreal Convention: The scram jet of aviation law " · "The upstarts"
March 2006
Product Liability
"The FDA’s new program to transform post-marketing monitoring for medical devices – Is real change on the horizon?" · "U.S. tort costs and cross-border perspectives: 2005" · "A nationwide survey of statutes of repose" · "Federal government announces joint workplace safety initiative" · "A setback on forum non conveniens in Illinois"
February 2006
Product Liability
"The future of electronically stored information" · "Winning transfer motions and appeals in Chicago" · "Lessor of tank car not responsible for derailment damages" · "ITA mock trial examines ANSI standards"
December 2005
Health Care Law
"Lead poisoning claims affect pediatric health care providers" · "Emotional distress from a miscarriage or stillbirth - N.Y." · "Liberalization of expert testimony admissibility - N.Y."
November 2005
Product Liability
"Progress in tort reform" · "Design claims preempted in train crash case" · "Splitting a cause of action" · "Revolving door summary judgment" · "Class Action Fairness Act: moderate compromise?"
October 2005
Construction
"Asbestos & Silica Compensation Fairness Act" · "Silica litigation overview" · "Construction Labor Laws update"
October 2005
Aviation
"Ground handling services and the Warsaw and Montreal Conventions" · "The future of business travel" · "Eighteen-year statute of repose may exclude ultralight aircraft accidents"
June 2005
Health Care Law
"Telemedicine: friend or foe of the medical profession?" · "Court extends blood shield statute to cover human tissue" · "Medical malpractice tort reform" · "Continuous treatment doctrine & derivative claims"