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AIG’s Legal Insights Spring Edition Features Articles by Five Wilson Elser Attorneys

April 30, 2014

Five Wilson Elser attorneys were featured in AIG’s Spring 2014 edition of Legal Insights, a quarterly compendium of updates and analysis of recent court decisions of interest to claims personnel, corporate risk managers and brokers. The articles are prepared by attorneys in approved panel law firms and AIG’s own staff counsel.

U.S. Supreme Court Raises Threshold for Suing Foreign Companies in the United States

Francis Manchisi (Partner-White Plains) and Ernest V. Goodwin (Associate-White Plains) authored an article included in the “Jurisdiction” section. “U.S. Supreme Court Raises Threshold for Suing Foreign Companies in the United States” discusses two 2013 decisions in which the U.S. Supreme Court upheld the protection afforded to manufacturers in International Shoe Co. v. Washington, 326 U.S. 310 (1945), as well as the 2014 decision in Daimler AG v. Bauman, et al. , No. 11-965 that clarifies and rationalizes the circumstances under which a foreign corporation can be subject to jurisdiction in the United States.

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Affordable Care Act Has Potential to Limit a Defendant’s Exposure for Future Medical Costs in NY Personal Injury Litigation

John D. Morio (Partner-White Plains) and Joseph McGovern (Partner-White Plains) collaborated on an article included in the “Damages” section. “Affordable Care Act Has Potential to Limit a Defendant’s Exposure for Future Medical Costs in NY Personal Injury Litigation” posits that if standard loss-allocation and mitigation rules are followed, the new law should have a significant impact on a personal injury plaintiff’s ability to recover the cost of future medical care, thus limiting a defendant’s exposure for such damages. Though no definitive judicial rulings have been issued on this topic, the new law has the potential to substantially lower the risk of exposure to defendants and their insurers.

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Supreme Court of Kentucky Effectively Abrogates the Open and Obvious Danger Doctrine

Edward M. O’Brien (Associate-Kentucky) authored an article included in the “Premises Liability” section. “Supreme Court of Kentucky Effectively Abrogates the Open and Obvious Danger Doctrine” discusses two seminal opinions on premises liability law issued by the Supreme Court of Kentucky that substantially redefined the “open and obvious danger” doctrine, with significant implications for premises liability claims.

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