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Publications
February 22, 2012 | eNewsletters
Employment Newsletter: Twitter Lawsuit Raises Labor Issues
Along with the marketing benefits inherent in using social media, management should realize the stakes may be too high to sit on the sidelines when it comes to dealing with the labor issues arising from increased employee social media usage.
February 17, 2012 | Client Alerts
New York Appellate Court Strictly Enforces Prompt Disclaimer Requirement for Personal Injury Claims
In personal injury matters under New York Insurance Law §3420(d), insurers and their counsel are well advised to promptly deny coverage whenever a sound coverage defense is readily discernible, regardless of other issues.
February 15, 2012 | Client Alerts
Florida Sinkhole Problem Prompts Lawmakers to Act
The Florida Senate banking and insurance committee passed a broad property insurance bill, ss. 627.706-627.7074, F.S., in February 2011 that would no longer require companies to offer comprehensive sinkhole insurance to Floridians. Coverage would be required only for “catastrophic ground collapse,” which means that a house is literally sucked into the ground. Proponents felt the bill would help reduce the rampant fraud that causes insurance companies to raise rates on consumers. But opponents saw it as the end of sinkhole insurance in Florida.
February 9, 2012 | Client Alerts
Arkansas Supreme Court Issues Groundbreaking Decision in “Gray Market” Products Liability Suit
In a case of national first impression, the Arkansas Supreme Court held that foreign manufacturers of products that end up in the United States through the “gray market” will not be subject to “general” jurisdiction in the forum state unless they have “continuous, systematic and substantial” general business contacts with that state, which is fairly atypical. In addition, the decision impacts U.S. subsidiaries of foreign manufacturers with gray market issues that are dragged into products liability litigation simply by virtue of having a name similar to that of the manufacturer.
February 9, 2012 | Client Alerts
Suppliers of Raw Materials and Component Parts Held Not Liable in California
The California Court of Appeal has reaffirmed that, absent extraordinary circumstances, the suppliers of raw materials and component parts cannot be held liable for negligence or strict products liability to a manufacturer's employee who is injured while using the raw materials in the manufacturing process. The trial court ruled in favor of the defendants, who moved for judgment on the pleadings on the basis of the raw materials and component parts defenses.
February 9, 2012 | Client Alerts
Supreme Court Rejects Case from First Circuit on Junk Science
The U.S. Supreme Court declined to review a First Circuit Court of Appeals decision that seems at odds with the high court’s decision in Daubert, which required trial courts to serve as the gatekeepers of scientific expert testimony by assessing the reliability of such testimony before admitting it.
February 8, 2012 | Articles
New Jersey Law Journal Publishes Article by Krauss and Paray
The New Jersey Law Journal has published an article by New Jersey-based attorney Kurt Krauss and Paul Paray entitled, "The Network Security and Privacy Gauntlet."
February 7, 2012 | Client Alerts
Texas Court Rules Reservation of Rights Alone Does Not Necessarily Give Right to Independent Counsel
The January 20, 2012, opinion issued by the U.S. District Court, Southern District of Texas enforces the recent trend by Texas courts to support the right of insurance carriers to select defense counsel and control the defense of the case, absent the existence of a “disqualifying conflict,” which must be based on more than the simple issuance of a reservation of rights.
February 6, 2012 | eNewsletters
Toxic Tort Newsletter
This edition of Wilson Elser’s Toxic Tort Newsletter examines issues relating to important industry developments and notable cases. These include litigation exposure from hydraulic fracturing and formulating strategies to assess and respond to non-party subpoenas in asbestos litigation.
February 6, 2012 | Client Alerts
First Department Finds “Status and Business Enterprise” Exclusions in Professional Liability Policy “Patently Inapplicable”
First Department finds the “status and business” enterprise exclusions in a professional liability policy to be “patently inapplicable” in legal malpractice claims where there was no allegation that the insured negligently rendered legal services to his business enterprise.
February 3, 2012 | Client Alerts
New York Appellate Court Confirms “Reasonable Anticipation of Litigation” in ESI Preservation Trigger
Intermediate NY appellate court decision is binding on all New York courts unless or until another New York intermediate appellate court or the state’s highest court holds otherwise. This holding may potentially affect every case pending in New York.
February 2, 2012 | Client Alerts
U.S. District Court Affirms That “Foreseeability” and “Stream of Commerce” Are Insufficient Grounds to Establish Personal Jurisdiction Over Foreign Defendants
Foreign defendants should keep abreast of developing case law stemming from J. McIntyre Machinery, Ltd. v. Nicastro, which may clarify what activities are most likely to give rise to personal jurisdiction under the still developing precedent.
January 31, 2012 | Client Alerts
Changes to Regulations Governing Federal Removal and Venue
In the Federal Courts Jurisdiction and Venue Clarification Act of 2011, Congress clarifies many issues that are often subject to conflicts between (and sometimes within) the various circuits of the federal courts. The new law applies, prospectively only, to cases commenced in state or federal court on or after January 6, 2012.
January 25, 2012 | Articles
For The Defense Publishes Trucking Article by Del Gatto and Paridis
For The Defense publishes trucking article by Del Gatto and Paridis in its December 2011 issue.
January 2012 | eNewsletters
Employment Newsletter: Regulations Recently Proposed by EEOC May Make It Easier for Older Workers to Make Disparate Impact Claims under the ADEA
The EEOC’s proposed regulations are intended to clarify the “reasonable factors other than age” (RFOA) defense to a disparate impact claim. It is critical that employers considering work force reductions or changes in policies that may have a negative impact on older workers be aware of these regulations and engage in an appropriate analysis to allow effective utilization of the RFOA defense provided by the Supreme Court if faced with a disparate impact claim based upon age.
January 18, 2012 | Articles
Wilson Elser Partners Co-Author Article on Hydrofracking in the Marcellus Shale – One of the Largest Liability Exposures Emerging in the U.S. Today
Wilson Elser attorneys co-author article on hydrofracking in the Marcellus Shale.
January 17, 2012 | Articles
Bloomberg Law Reports Publishes Two-Part Article on Cyber Piracy by Bialek and Kaur
Bloomberg Law Reports® Technology Law has published a two-part article written by Adam Bialek and Amanpreet Kaur that examines the punitive response to cyber piracy.
January 13, 2012 | Articles
Wilson Elser Intern Provides Insight in Philadelphia Bar Reporter, January 2012 Issue
Wilson Elser intern from France shares his experiences in the Philadelphia Bar Reporter column "In Their Own Words."
January 13, 2012 | Client Alerts
California Supreme Court Upholds the “Replacement Part Defense” and Changes the Face of California Asbestos Litigation
The California Supreme Court held that the doctrine of strict liability was never intended to impose absolute liability, which would place an excessive and unrealistic burden on product manufacturers who should not be required to insure and warrant against the potential risks involved with another manufacturer’s product.
January 12, 2012 | Articles
New York Law Journal Publishes Article by Steven Young and Sandy Smith
The New York Law Journal published an article on the Nonadmitted and Reinsurance Reform Act by Steven Young and Sandy Smith.
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