Greenwich Ins. Co. v. Media Breakaway, LLC, 417 Fed.Appx. 642, 2011 WL 703474 (9th Cir. March 1, 2011).

Valley Forge Ins. Co. v. Carson Center for Human Services, Inc., Slip Copy, 2011 WL 864802 (D. Mass., March 10, 2011).

Continental Cas. Co. v . Auto Plus Insurance Agency, LLC, 676 F. Supp. 2d 657 (N.D. Ohio, 2009).

Westport Ins. Corp. v. Coffman, 2009 WL 243096, No. C2-05-1152 (S.D. Ohio, January 29, 2009).

Westport Ins. Corp. v. Jackson Nat. Life Ins. Co., 387 Ill.App.3d 408, 900 N.E.2d 377 (2nd Dist.,2008).

Sigma Chi Corp. v. Westchester Fire Ins. Co., 587 F.Supp.2d 891 (N.D. Ill., 2008).

Certain Underwriters at Lloyd’s of London v. Mandell, Menkes, & Surdyk, 2008 WL 4291160, No. 1:08-CV-718 AWI GSA (E.D. Cal., Sept. 18, 2008).

Albareda, Rosso, Maluje, & Nies, P.A. v. Westport Ins. Corp., 2008 WL 1766733, No. 07-22148-Civ. (S.D. Fla., April 17, 2008).

Westport Ins. Corp. v. Hanft & Knight, P.C., 523 F. Supp. 2d 444 (M.D. Pa., 2007).

In re Nanovation Technologies, Inc., 347 B.R. 314 (Bkrtcy. N.D. Ill., 2006).

Olson v. Jenkens & Gilchrist, 461 F.Supp.2d 710 (N.D. Ill., 2006).

Cummings v. Westport Ins. Co., 2006 WL 407631, No. Civ. 05-206-P-C (D. Me., February 21, 2006).

Continental Cas. Co. v. Jewell, Moser, Fletcher & Holleman, 2005 WL 1925964, No. 4:04CV002309 JMM (E.D. Ark., August 11, 2005).

Blair v. Sherman Acquisition, 2004 WL 2870080, No. 04 C 4718 (N.D. Ill., December 13, 2004).

Kemper Indem. Ins. Co. v. Starwood Hotels & Resorts Worldwide, Inc., 2004 WL 1375400, No. 03 C 1554 (N.D. Ill., May 25, 2004).

In re HA 2003, Inc., 42 Bankr.Ct.Dec. 234, 2004 WL 609799, No. 03 C 9008 (N.D. Ill., March 24, 2004).

Travelers Indem. Co. v. American Cas. Co. of Reading, PA, 337 Ill.App.3d 435, 786 N.E.2d (1st Dist. 2003).

Representative Matters

Greenwich Ins. Co. v. Media Breakaway, LLC, 417 Fed.Appx. 642, 2011 WL 703474 (9th Cir. March 1, 2011).

Valley Forge Ins. Co. v. Carson Center for Human Services, Inc., Slip Copy, 2011 WL 864802 (D. Mass., March 10, 2011).

Continental Cas. Co. v . Auto Plus Insurance Agency, LLC, 676 F. Supp. 2d 657 (N.D. Ohio, 2009).

Westport Ins. Corp. v. Coffman, 2009 WL 243096, No. C2-05-1152 (S.D. Ohio, January 29, 2009).

Westport Ins. Corp. v. Jackson Nat. Life Ins. Co., 387 Ill.App.3d 408, 900 N.E.2d 377 (2nd Dist.,2008).

Sigma Chi Corp. v. Westchester Fire Ins. Co., 587 F.Supp.2d 891 (N.D. Ill., 2008).

Certain Underwriters at Lloyd’s of London v. Mandell, Menkes, & Surdyk, 2008 WL 4291160, No. 1:08-CV-718 AWI GSA (E.D. Cal., Sept. 18, 2008).

Albareda, Rosso, Maluje, & Nies, P.A. v. Westport Ins. Corp., 2008 WL 1766733, No. 07-22148-Civ. (S.D. Fla., April 17, 2008).

Westport Ins. Corp. v. Hanft & Knight, P.C., 523 F. Supp. 2d 444 (M.D. Pa., 2007).

In re Nanovation Technologies, Inc., 347 B.R. 314 (Bkrtcy. N.D. Ill., 2006).

Olson v. Jenkens & Gilchrist, 461 F.Supp.2d 710 (N.D. Ill., 2006).

Cummings v. Westport Ins. Co., 2006 WL 407631, No. Civ. 05-206-P-C (D. Me., February 21, 2006).

Continental Cas. Co. v. Jewell, Moser, Fletcher & Holleman, 2005 WL 1925964, No. 4:04CV002309 JMM (E.D. Ark., August 11, 2005).

Blair v. Sherman Acquisition, 2004 WL 2870080, No. 04 C 4718 (N.D. Ill., December 13, 2004).

Kemper Indem. Ins. Co. v. Starwood Hotels & Resorts Worldwide, Inc., 2004 WL 1375400, No. 03 C 1554 (N.D. Ill., May 25, 2004).

In re HA 2003, Inc., 42 Bankr.Ct.Dec. 234, 2004 WL 609799, No. 03 C 9008 (N.D. Ill., March 24, 2004).

Travelers Indem. Co. v. American Cas. Co. of Reading, PA, 337 Ill.App.3d 435, 786 N.E.2d (1st Dist. 2003).

Events

Greenwich Ins. Co. v. Media Breakaway, LLC, 417 Fed.Appx. 642, 2011 WL 703474 (9th Cir. March 1, 2011).

Valley Forge Ins. Co. v. Carson Center for Human Services, Inc., Slip Copy, 2011 WL 864802 (D. Mass., March 10, 2011).

Continental Cas. Co. v . Auto Plus Insurance Agency, LLC, 676 F. Supp. 2d 657 (N.D. Ohio, 2009).

Westport Ins. Corp. v. Coffman, 2009 WL 243096, No. C2-05-1152 (S.D. Ohio, January 29, 2009).

Westport Ins. Corp. v. Jackson Nat. Life Ins. Co., 387 Ill.App.3d 408, 900 N.E.2d 377 (2nd Dist.,2008).

Sigma Chi Corp. v. Westchester Fire Ins. Co., 587 F.Supp.2d 891 (N.D. Ill., 2008).

Certain Underwriters at Lloyd’s of London v. Mandell, Menkes, & Surdyk, 2008 WL 4291160, No. 1:08-CV-718 AWI GSA (E.D. Cal., Sept. 18, 2008).

Albareda, Rosso, Maluje, & Nies, P.A. v. Westport Ins. Corp., 2008 WL 1766733, No. 07-22148-Civ. (S.D. Fla., April 17, 2008).

Westport Ins. Corp. v. Hanft & Knight, P.C., 523 F. Supp. 2d 444 (M.D. Pa., 2007).

In re Nanovation Technologies, Inc., 347 B.R. 314 (Bkrtcy. N.D. Ill., 2006).

Olson v. Jenkens & Gilchrist, 461 F.Supp.2d 710 (N.D. Ill., 2006).

Cummings v. Westport Ins. Co., 2006 WL 407631, No. Civ. 05-206-P-C (D. Me., February 21, 2006).

Continental Cas. Co. v. Jewell, Moser, Fletcher & Holleman, 2005 WL 1925964, No. 4:04CV002309 JMM (E.D. Ark., August 11, 2005).

Blair v. Sherman Acquisition, 2004 WL 2870080, No. 04 C 4718 (N.D. Ill., December 13, 2004).

Kemper Indem. Ins. Co. v. Starwood Hotels & Resorts Worldwide, Inc., 2004 WL 1375400, No. 03 C 1554 (N.D. Ill., May 25, 2004).

In re HA 2003, Inc., 42 Bankr.Ct.Dec. 234, 2004 WL 609799, No. 03 C 9008 (N.D. Ill., March 24, 2004).

Travelers Indem. Co. v. American Cas. Co. of Reading, PA, 337 Ill.App.3d 435, 786 N.E.2d (1st Dist. 2003).

Representative Matters

Blair, Merlo & Duff Prevail on Behalf of Attorney Client in Contentious Post-Decree Appeal

Kimberly Blair (Partner-Chicago, IL) and Chicago associates Robert Merlo and Thomas Duff represented the attorney for the wife in a very contentious divorce case; specifically, representing her in post-decree proceedings stemming from the husband’s refusal to turn over significant sums of money, over which he was held in indirect civil contempt and jailed. Subsequently, the husband filed suit against his ex-wife, his former business partner, and his wife’s attorneys (including our client) on allegations of aiding and abetting, intentional and negligent infliction of emotional distress, and civil conspiracy – suggesting that our client’s conduct was part of a nefarious legal strategy. Kim, Robert, and Thomas were successful at having the matter dismissed with prejudice at the trial court level based on the absolute litigation privilege. An impressive brief written on appeal by Robert and Thomas convinced the Appellate Court of Illinois, First District to affirm the trial court’s decision in an extensive opinion that further solidified the litigation privilege in the State of Illinois. 

Kimberly E. Blair and Robert F. Merlo

Chicago Team Secures Affirmance for Insurance Company Client in Medical Malpractice Coverage Dispute

Kimberly Blair (Partner-Chicago), Joseph Stafford (Partner-Chicago), and Thomas Duff (Associate-Chicago) secured an affirmance of a summary judgment from the Appellate Court of Illinois, First District, in a coverage dispute brought against Wilson Elser’s client, an insurance company. The case centers on our client’s denial of coverage for two medical malpractice suits against the plaintiff, a hospital facility, due to its failure to report the lawsuits as required in its professional liability insurance policy.

In the underlying matter, Wilson Elser maintained that although an existing SIR Endorsement’s notice requirement replaced the plaintiffs’ obligation to give notice of claims to our client “as soon as practicable,” it did not supersede the plaintiff hospital’s separate obligation to report claims within the policy period. The circuit court agreed with Wilson Elser’s reading of the policy and granted summary judgment for the insurance company. The appellate court affirmed, concurring with Kim, Joe, and Thomas’s assessment that the policy was a “claims made and reported policy,” that this interpretation is not at odds with the language of the SIR Endorsement, and that their arguments presented the only reasonable interpretation of the unambiguous policy language.

Kimberly E. Blair

Medical Hospital Complex

Blair, Stafford, Merlo and Duff Secure Affirmance in Precedent-Setting Legal Malpractice Case

A Chicago office team comprising partners Kimberly Blair and Joseph Stafford and associates Robert Merlo and Thomas Duff secured the First District Court of Appeals’ affirmance of a dismissal with prejudice of the plaintiffs’ third amended complaint for legal malpractice against our law firm client. A the circuit court level, the team brought in our client’s predecessor counsel as a third party, alleging that because discovery in the underlying case closed on their watch, there was nothing our client could have done to remedy the alleged malpractice. The predecessor counsel filed a motion for summary judgment on our third-party complaint based on the successor counsel (viability) doctrine, and the court denied it, holding that by the time it appeared in the underlying case, nothing our client could have done would have prevented the unfavorable outcome for the plaintiffs in the underlying action. After that ruling, the plaintiffs were given one more chance to state a claim, but they would have had to wholly shift their theory of malpractice. The court then dismissed that complaint (with prejudice) because the plaintiffs’ allegations about what they would have done were contradicted by what they actually did in response to the underlying judgment, through yet another successor attorney.

On appeal, the plaintiffs argued, among other things, that the district court judge was incorrect to hold, as a matter of law, that no arguments could have defeated the underlying dispositive motions and improperly took judicial notice of post-judgment proceedings from the underlying case in dismissing the plaintiffs’ “last-ditch” third amended complaint. The First District affirmed, and comprehensively laid out why it agreed with our many arguments in the Response Brief. Notably, the First District’s conclusion in its published opinion essentially mirrored our conclusion in our Response Brief.
 

Kimberly E. Blair and Robert F. Merlo

Firm Highlights

News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Publications
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
Read more
Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
Read more
Events
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
Read more
Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
Read more
News
Wilson Elser Expands Design Professionals and Construction Practices with New Denver Partner
New York – April 20, 2026 – National law firm Wilson Elser today announced the addition of Elizabeth Olson as a partner in its Denver office, strengthening the firm's Design Professionals and Construction practices. Olson joins Wilson Elser from a regional litigation firm focused on tort and commercial litigation, bringing more than a decade of experience successfully defending complex construction, design professional, and commercial matters across various jurisdictions. “For 15 years, Wilson Elser’s Denver office has offered full-service legal support for clients in the Rocky Mountain region,” said Wilson Elser Chair Daniel J. McMahon. "Elizabeth's arrival deepens our bench in critical practice areas and reflects our continued investment in attracting top-tier talent to serve our clients." “Elizabeth’s hiring enhances our existing practices in Denver,” said Jason Melichar, regional managing partner of Wilson Elser’s Denver office. “She will work closely with Ryan Williams, our Denver-based cochair of the firm’s Design Professionals Practice, in defending architects and engineers in construction defect matters.” Olson noted that her decision to join the firm was informed by firsthand experience litigating cases opposite Wilson Elser's Denver attorneys. “The firm has an outstanding reputation in the civil litigation defense community, and I am confident that its robust platform and resources will serve my clients exceptionally well," she said. Olson's practice encompasses a broad range of civil defense matters, including construction and design professional liability, premises liability, general casualty, contract disputes, commercial litigation, product liability, and transportation. She has represented clients in state and federal courts in Colorado and Arizona. Olson earned her J.D. from Arizona State University's Sandra Day O'Connor College of Law and her B.A. in Economics and Ancient Mediterranean Civilizations from Rice University.
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Client Wins
Takacs and Rossi Defeat Claims Against Property Owner in Tenant Injury Lawsuit
Michael S. Takacs (Partner-Philadelphia, PA) and Andrew Rossi (Associate-Philadelphia, PA) prevailed on a motion for summary judgment in the Court of Common Pleas, Philadelphia County, Pennsylvania, on behalf of Wilson Elser’s client, a property owner/landlord. The plaintiff, a tenant at the client’s apartment complex, allegedly sustained a forehead laceration, concussion, post-concussion syndrome, and injuries to her neck after striking her forehead on a dumpster’s trunnion bar while taking out her trash. She claimed the trunnion bar, which a truck uses to lift the dumpster during emptying, was a dangerous condition because it “sticks out inconspicuously” and lacked warnings or contrasting paint to make it more visible. The codefendant waste management company supplied and serviced the dumpster under a customer service agreement with our client, retained ownership, and specifically prohibited the client from altering it. The plaintiff, who had lived at the property for more than a year, admitted to using the dumpster at least weekly to dispose of her trash. Michael and Andrew moved for summary judgment, asserting that the client neither owed nor breached a legal duty of care to protect the plaintiff where the alleged condition of the trunnion bar was open, obvious, and readily visible on equipment the client did not own or control. The court entered summary judgment on behalf of the client, dismissing all claims and crossclaims.
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Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
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Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
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Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
Read more
Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
Read more
Publications
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
Read more
News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
Read more
Events
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
Read more
Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
Read more
News
Wilson Elser Expands Design Professionals and Construction Practices with New Denver Partner
New York – April 20, 2026 – National law firm Wilson Elser today announced the addition of Elizabeth Olson as a partner in its Denver office, strengthening the firm's Design Professionals and Construction practices. Olson joins Wilson Elser from a regional litigation firm focused on tort and commercial litigation, bringing more than a decade of experience successfully defending complex construction, design professional, and commercial matters across various jurisdictions. “For 15 years, Wilson Elser’s Denver office has offered full-service legal support for clients in the Rocky Mountain region,” said Wilson Elser Chair Daniel J. McMahon. "Elizabeth's arrival deepens our bench in critical practice areas and reflects our continued investment in attracting top-tier talent to serve our clients." “Elizabeth’s hiring enhances our existing practices in Denver,” said Jason Melichar, regional managing partner of Wilson Elser’s Denver office. “She will work closely with Ryan Williams, our Denver-based cochair of the firm’s Design Professionals Practice, in defending architects and engineers in construction defect matters.” Olson noted that her decision to join the firm was informed by firsthand experience litigating cases opposite Wilson Elser's Denver attorneys. “The firm has an outstanding reputation in the civil litigation defense community, and I am confident that its robust platform and resources will serve my clients exceptionally well," she said. Olson's practice encompasses a broad range of civil defense matters, including construction and design professional liability, premises liability, general casualty, contract disputes, commercial litigation, product liability, and transportation. She has represented clients in state and federal courts in Colorado and Arizona. Olson earned her J.D. from Arizona State University's Sandra Day O'Connor College of Law and her B.A. in Economics and Ancient Mediterranean Civilizations from Rice University.
Read more
Client Wins
Takacs and Rossi Defeat Claims Against Property Owner in Tenant Injury Lawsuit
Michael S. Takacs (Partner-Philadelphia, PA) and Andrew Rossi (Associate-Philadelphia, PA) prevailed on a motion for summary judgment in the Court of Common Pleas, Philadelphia County, Pennsylvania, on behalf of Wilson Elser’s client, a property owner/landlord. The plaintiff, a tenant at the client’s apartment complex, allegedly sustained a forehead laceration, concussion, post-concussion syndrome, and injuries to her neck after striking her forehead on a dumpster’s trunnion bar while taking out her trash. She claimed the trunnion bar, which a truck uses to lift the dumpster during emptying, was a dangerous condition because it “sticks out inconspicuously” and lacked warnings or contrasting paint to make it more visible. The codefendant waste management company supplied and serviced the dumpster under a customer service agreement with our client, retained ownership, and specifically prohibited the client from altering it. The plaintiff, who had lived at the property for more than a year, admitted to using the dumpster at least weekly to dispose of her trash. Michael and Andrew moved for summary judgment, asserting that the client neither owed nor breached a legal duty of care to protect the plaintiff where the alleged condition of the trunnion bar was open, obvious, and readily visible on equipment the client did not own or control. The court entered summary judgment on behalf of the client, dismissing all claims and crossclaims.
Read more
Events
Recent Developments on Equitable Relief Under ERISA
Joshua Bachrach (Partner-Philadelphia, PA) will present “Recent Developments on Equitable Relief Under ERISA” at the 2026 DRI Life, Health, Disability & ERISA Seminar, held April 29 – May 1, 2026, in Atlanta, Georgia. Josh’s session provides a brief review of relevant Supreme Court decisions and covers various topics, such as whether surcharge is a permissible remedy under ERISA, use of Section 502(a)(3) to recover attorney’s fees, and the applicability of the exhaustion requirement. Josh, who has handled several hundred ERISA cases nationwide, also addresses breach of fiduciary duty claims and equitable relief remedies at this preeminent seminar for in-house and outside counsel regularly practicing in the life, health, disability, and ERISA areas.
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Events
ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management
Andrew Albright (Partner-Chicago) and Keti Mebuke (Associate-Chicago) will present the Wilson Elser Forum webinar “ANSI Standards in Product Liability Litigation: Admissibility, Strategic Use, and Practical Risk Management” on April 30, 2026. The webinar examines how courts treat voluntary industry safety standards in product liability cases, including their admissibility at trial and how these standards are used by experts to evaluate product design and safety. Using a revolving-door injury case by way of example, the webinar will discuss how ANSI standards (including ANSI/BHMA A156.27, governing power-operated revolving doors) are applied in product liability litigation. The session will also review relevant case law, including Illinois authority, addressing the admissibility and evidentiary role of industry standards. The webinar is designed for attorneys, claims professionals, and risk managers who handle product liability matters and seek a practical understanding of how ANSI standards influence trial, expert testimony, litigation strategy, and risk management.
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Publications
New York’s AVOID Act Imposes 90-Day Deadline for Third-Party Claims
The New York Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act became effective on April 18, 2026, establishing new deadlines for third-party complaints. Under this Act, a third-party plaintiff must file their complaint within 90 days of serving the initial answer pursuant to CPLR § 1007(b).1 Any third-party complaint against a plaintiff’s employer, however, must be filed within 90 days of the later of (1) discovering the employer’s identity; or (2) determining that the plaintiff sustained a “grave injury” as defined by Section 11 of the Workers’ Compensation Law. CPLR § 1007(e).2 The Act prohibits filing a third-party complaint after the note of issue unless upon good cause shown or in the interest of justice. CPLR § 1007(c).3 A third-party action filed in violation of this subdivision shall be severed or dismissed without prejudice. CPLR § 1007(d).4 Any severed actions that are initiated as new actions cannot then be consolidated. CPLR § 1007(f).5 Regarding retroactivity: an amendment clarifies that the Act applies to all cases commenced on or after the April 18, 2026 effective date.6 Be advised that as of April 16, 2026, the New York State website has not yet integrated this amendment into the statutory text.7 Lexis captures this update in the editor’s notes,8 and Westlaw includes it within the proposed legislation section.9 ____________________________________________________________________________________ 1 https://www.nysenate.gov/legislation/laws/CVP/1007  2 https://www.nysenate.gov/legislation/laws/CVP/1007  3 https://www.nysenate.gov/legislation/laws/CVP/1007  4 https://www.nysenate.gov/legislation/laws/CVP/1007  5 https://www.nysenate.gov/legislation/laws/CVP/1007  6 https://www.nysenate.gov/legislation/bills/2025/S8809  7 https://www.nysenate.gov/legislation/laws/CVP/1007  8 2026 N.Y. ALS 79 ; 2026 N.Y. Laws 79 ; 2026 N.Y. Ch. 79 ; 2026 N.Y. SB 8809 9 https://1.next.westlaw.com/Document/NFE11DA10E4E211F0AA39CB673CF36EC6/View/FullText.html?navigationPath=Search/v1/results/navigation/i0a93b86c0000019d9c1ba0e5c3a0e723?ppcid=44f5a950322a4255ae42b3e5a5e57b22&Nav=MULTIPLECITATIONS&fragmentIdentifier=NFE11DA10E4E211F0AA39CB673CF36EC6&parentRank=0&startIndex=1&contextData=%28sc.Search%29&transitionType=UniqueDocItem&listSource=Search&listPageSource=781efccd7c647a1b5673e671cb33d842&list=MULTIPLECITATIONS&sessionScopeId=a4a94ca7e43970d7bb6b9036b5ab4e414796eb2f36e0a800dc47d1459a582deb&ppcid=44f5a950322a4255ae42b3e5a5e57b22&originationContext=NonUniqueFindSelected&transitionType=UniqueDocItem&contextData=(sc.Search)
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Client Wins
Brinker and Heydari Secure Summary Judgment in Legal Malpractice Case
Craig Brinker (Partner–Dallas, TX) and Meina Heydari (Associate–Washington, D.C.) obtained dismissal of a legal malpractice and gross negligence case in the 401st District Court of Collin County, on behalf of Wilson Elser’s clients, a law firm and two attorneys. Our clients had represented the plaintiff in an earlier child custody case. The pro se plaintiff alleged that in the underlying matter, the attorneys failed to adequately represent her during a contested temporary orders hearing in a Suit Affecting the Parent-Child Relationship (SAPCR) action involving custody and support issues concerning her minor son, and sought actual and exemplary damages. Craig and Meina filed a no-evidence motion for summary judgment under Texas Rule of Civil Procedure 166a(h)(3), arguing that because the plaintiff’s claims turned on her attorneys’ litigation strategy in a complex family-law proceeding, expert testimony was required to establish the breach and causation elements of her claims. They further argued that the plaintiff’s failure to designate any experts, despite receiving a thirty-day extension of the designation deadline, warranted dismissal. Craig and Meina also successfully opposed the plaintiff’s invocation of the “common knowledge” exception and request for additional discovery, establishing that the absence of expert testimony was a dispositive deficiency that further discovery could not cure. The court granted Wilson Elser’s motion and dismissed the plaintiff’s claims against all three defendants with prejudice.
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Publications
Westlaw Today Features Fink Article on Shifting Landscape of Internet Liability & Safe Harbor Protections
Sarah Fink (Of Counsel-Long Island, NY) authored “Mixed Signals on the Free Flow of information Online – One Step Forward, Two Steps Back,” appearing in the April 21, 2026, posting of Westlaw Today. The article examines three recent court decisions that send mixed signals on the future of internet liability and statutory safe harbor defenses, highlighting a Supreme Court ruling that reinforces protections for online service providers and encourages the free flow of information, alongside two state court rulings (California and New Mexico) that expand potential liability for social media platforms, holding that they can be held liable for harm caused by addiction to social media. Sarah opines, “Together, these three decisions highlight the tension between First Amendment speech rights, statutory safe harbors, public safety online, and recourse for harms, such as mental health deterioration and copyright infringement.” She further explains that the cases “also demonstrate that the traditional statutory safe harbors for internet actors may be circumvented by creative pleading and litigation tactics, leading to questions about their continued relevance.”
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News
Super Lawyers Names Three to 2026 Virginia Rising Stars List
Super Lawyers® has named three Wilson Elser attorneys to the 2026 Virginia Rising Stars™ list: Rising Stars Natalie B. Jacobs (Associate) – Professional Liability: Defense Haley B. Mathis (Of Counsel) – Business Litigation Hariton J. Wilson (Associate) – Civil Litigation: Defense Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The Rising Stars lists, comprising the best attorneys 40 years old and younger or who have practiced law for 10 years or less, are published in Super Lawyers magazines and leading city and regional magazines nationwide. No more than 2.5 percent of the lawyers in the state are named to these lists.
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Events
Using Experts to Defend BI and Business Interruption Claims
Gregory McGroarty (Of Counsel-Madison, NJ) will moderate the New Jersey Defense Association’s webinar “Using Experts to Defend BI and Business Interruption Claims,” on May 1, 2026. Greg, alongside industry professionals from YA Group, MC Consultants, and Rimkus, will offer practical insights on evaluating and defending common claims that can disrupt business operations. Topics covered include premises liability strategies for slip-and-fall accidents, injury considerations in low-speed motor vehicle accidents, and the effective assessment of business property damage and interruption claims.
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Publications
Delay Defeats Arbitration: Nevada High Court Finds 17 Months Too Long
While arbitration clauses are ubiquitous in contracts, they are meaningless if the parties do not move quickly enough to enforce them. In Lennar Communities Nevada, LLC v. Whalen, the plaintiff executed a residential purchase and sale agreement that included an arbitration clause. She then tripped and fell within the community. She sued the developer, and the parties participated in extensive discovery. The developer did not attempt to enforce the arbitration clause for 17 months. While waiver is disfavored, the Supreme Court concluded that the three-factor test for waiver was satisfied. First, the developer knew of the waiver. Second, they acted inconsistently with the right to arbitrate by actively litigating the case in court for such a long time. The Court then introduced a new factor to the analysis. “[C]ourts should consider the totality of the circumstances when evaluating whether a party has already litigated an issue it subsequently seeks to arbitrate.” That factor was met too. The Court next considered whether not invoking the arbitration clause earlier prejudiced the plaintiff. It expressed doubt whether that factor was valid but did not overrule it. Regardless, prejudice was found because the developer was able to obtain discovery in court that typically is unavailable in arbitration. The opinion reiterates the importance of identifying potential arbitration clauses and deciding whether to invoke them as soon as possible.
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News
Wilson Elser Expands Design Professionals and Construction Practices with New Denver Partner
New York – April 20, 2026 – National law firm Wilson Elser today announced the addition of Elizabeth Olson as a partner in its Denver office, strengthening the firm's Design Professionals and Construction practices. Olson joins Wilson Elser from a regional litigation firm focused on tort and commercial litigation, bringing more than a decade of experience successfully defending complex construction, design professional, and commercial matters across various jurisdictions. “For 15 years, Wilson Elser’s Denver office has offered full-service legal support for clients in the Rocky Mountain region,” said Wilson Elser Chair Daniel J. McMahon. "Elizabeth's arrival deepens our bench in critical practice areas and reflects our continued investment in attracting top-tier talent to serve our clients." “Elizabeth’s hiring enhances our existing practices in Denver,” said Jason Melichar, regional managing partner of Wilson Elser’s Denver office. “She will work closely with Ryan Williams, our Denver-based cochair of the firm’s Design Professionals Practice, in defending architects and engineers in construction defect matters.” Olson noted that her decision to join the firm was informed by firsthand experience litigating cases opposite Wilson Elser's Denver attorneys. “The firm has an outstanding reputation in the civil litigation defense community, and I am confident that its robust platform and resources will serve my clients exceptionally well," she said. Olson's practice encompasses a broad range of civil defense matters, including construction and design professional liability, premises liability, general casualty, contract disputes, commercial litigation, product liability, and transportation. She has represented clients in state and federal courts in Colorado and Arizona. Olson earned her J.D. from Arizona State University's Sandra Day O'Connor College of Law and her B.A. in Economics and Ancient Mediterranean Civilizations from Rice University.
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