Raúl J. Chacón Jr.

Newly recognized in 2026 as Recommended Lawyers in the Insurance: Advice to Insurers section are Eric Cheng (Partner, White Plains, NY), David Simantob (Partner, Los Angeles), and Linda Hoshide (Partner, Los Angeles).  Insurance: Advice to Insurers Tier 3  The nationwide insurance practice at Wilson Elser is known for handling coverage disputes under D&O policies, class actions, and bad faith claims.  Recognized attorneys: James Stankowski (Partner, Los Angeles), recognized for his legal ability in complex insurance litigation, coverage matters, and class action defense; Price Collins (Partner, Texas), who specializes in handling coverage determinations, claims, settlement negotiations, and bad faith avoidance; Michael Duffy (Partner, Chicago), who advises on coverage, extra-contractual liability, and reinsurance matters; Jonathan Meer (Partner, New York), who represents insurers based in the United States, China, London, and Bermuda in high-exposure claims; Richard Boone (Partner, New York), whose experience includes handling coverage litigation concerning the opioid crisis and representing a wide range of corporate, executive, and professional liability matters as both coverage and defense counsel; Eric Cheng (Partner, White Plains, NY), who represents national insurance carriers; and Los Angeles office partners Linda Hoshide and David Simantob, both experienced advisors on insurance coverage matters and bad faith claims.  Cannabis Tier 4  Present across key markets, Wilson Elser provides multi-faceted support to clients on cannabis and hemp-related regulatory compliance, insurance matters, and high-impact litigation.  Recognized attorneys: Ian Stewart (Partner, Los Angeles), Cannabis Law Practice cochair, who handles regulatory compliance and risk management for cannabis and hemp operators, as well as employment matters; Dean Rocco (Partner, Los Angeles), Cannabis Law Practice cochair, who supports clients in corporate matters, licensing applications, and commercial transactions, and assists ancillary businesses and financial institutions that work with cannabis companies on regulatory compliance; William Tolin Gay (Of Counsel, Los Angeles), who advises clients in the cannabis industry on matters relating to private placements and other financing arrangements; and Jonathan Meer (Partner, New York), who is well-versed in insurance coverage for directors and officers. Shipping Litigation & Regulation Tier 3  Supporting a wide range of cruise lines, oil companies, and international P&I clubs, the team at Wilson Elser advises on pollution claims, marine product liability, salvage, and multi-agency investigations.  Recognized attorneys: Jake Rodriguez (Partner, New Orleans), experienced in maritime, environmental and energy law; Mike Harowski (Partner, New Orleans), with an integrated practice in maritime law, environmental law, marine and pollution casualty response, and insurance coverage and defense; Otis Felder (Partner, Los Angeles), Admiralty & Marine Practice cochair, who is the first port of call for vessel operators, port operators, and stevedores; and Raúl Chacón (Partner, Miami), who is regularly appointed to act as national and local counsel by insurance companies in admiralty and maritime matters, in addition to working on infectious disease matters and wider commercial disputes. The Legal 500 United States is a leading annual legal directory that ranks law firms and individual attorneys based on comprehensive research and analysis. The publication highlights firms and lawyers recognized for excellence in a wide range of practice areas across multiple jurisdictions. Recognized firms are ranked in Tiers, with the number of tiers varying based on the size of the region covered and the practice area evaluated.

Michael Lowry (Partner-Las Vegas, NV) submitted an amicus brief on behalf of the Las Vegas Defense Lawyers (LVDL) regarding a writ petition discussing how much detail the Nevada Rules of Civil Procedure (NRCP) 35 requires, both in a motion seeking an NRCP 35 exam and in the order granting that motion. The plaintiff argues for exacting specificity that includes every technique, test, procedure, and question that will be asked. However, NRCP 35 does not require the extensive degree of specificity that the plaintiff asserts, nor is it practical. LVDL’s brief notes that this is a recurring dispute that is frequently litigated and that appellate guidance would be helpful.

What happens if a personal injury plaintiff files bankruptcy but fails to disclose the personal injury claim in the bankruptcy case? The United States Supreme Court has now resolved a circuit split about how to analyze that question, and it could impact pending claims. In Keathley v. Buddy Ayers Construction, Inc,. the Keathleys were involved in a motor vehicle accident with a Buddy Ayers’ employee in August 2021. They had an open Chapter 13 repayment plan but did not disclose the claim in the bankruptcy case after the accident occurred or when they filed suit. Buddy Ayers learned of the bankruptcy and moved for summary judgment in March 2023, arguing the Keathleys had taken inconsistent positions—first denying the claim in bankruptcy then later asserting it in the personal injury case. Buddy Ayers argued judicial estoppel barred the Keathleys from pursuing the personal injury claim because they had previously denied it existed in bankruptcy. The district court applied Fifth Circuit precedent and granted summary judgment, which the Fifth Circuit affirmed. The Supreme Court reversed on narrow grounds, finding both lower courts used the wrong standard. Judicial estoppel is an equitable doctrine. “[W]hen a court conducts an equitable inquiry, it must act on a case-by-case basis, considering all relevant facts and circumstances.” Thus, the judgment was reversed and remanded to apply that test to the facts of this case. It gave no opinion as to what might happen when that test is applied. This ruling changes the approach in circuits that previously applied narrower standards. District courts in those areas will now consider more factors, potentially making it harder to prevail on motions like Buddy Ayers filed. Keathley may also reduce some of the disincentives for bankrupt plaintiffs to conceal assets.

Jacqueline Hattar (Partner-White Plains, NY) and Urvashi Sinha (Partner-New York, NY) obtained summary judgment on behalf of Wilson Elser’s client, a truck driver, in the New York State Supreme Court, Bronx County. The plaintiff alleged that our client was negligent in the ownership and operation of his tractor-trailer truck by illegally parking it on a Bronx roadway. As a result of the alleged accident, the plaintiff claimed to have sustained serious injuries to his right shoulder and lumbar spine, requiring two surgeries, and sought to recover the client’s $1 million policy limit. Before depositions were completed, Jackie moved for summary judgment, seeking dismissal of the plaintiff’s complaint and all cross-claims. Jackie and Urvashi argued that, based on the police investigation and witness statements, our client’s truck was legally parked and did not make contact with the plaintiff’s vehicle, which had been struck by the co-defendant’s vehicle. In opposition, the plaintiff argued that the motion was premature because depositions had not yet been completed and that triable issues of fact existed as to whether Wilson Elser’s client was lawfully parked and whether the parked truck caused or contributed to the accident. In reply, Jackie and Urvashi maintained that the plaintiff failed to submit any evidence in admissible form, such as affidavits, photographic, or video evidence, to establish that the client’s truck was illegally parked in the roadway. The court agreed with Wilson Elser’s arguments and granted the motion in all respects. Jackie drafted the motion papers, and Urvashi orally argued the motion before the court on behalf of our client. The plaintiff’s action is continuing against the co-defendants, the driver and the vehicle owner.  

The Washington Supreme Court’s recent decision in Polinder v. Brand Insulations, Inc., No. 102782-6 (Wash. Apr. 30, 2026), provides clarifications on how the construction statute of repose applies to contractors in asbestos litigation. By resolving conflicting appellate decisions, the Court established a more precise framework for evaluating when a contractor’s historical installation work is shielded from liability and when it is not. Background: The Construction Statute of Repose In Washington, the construction statute of repose, Wash. Rev. Code § 4.16.300 (2026), applies to claims arising from a person having "constructed, altered or repaired any improvement upon real property.” Wash. Rev. Code § 4.16.310 (2026) dictates that such claims must accrue within six years of the substantial completion of construction.  Unlike a traditional statute of limitations, which typically begins to run when a plaintiff discovers an injury, a statute of repose creates a strict outer time limit that extinguishes a cause of action after a specified period, even if the injury has not yet occurred or been discovered. The legislature enacted this statute to protect contractors and engineers from extended potential liability decades after a project is completed. See Hudesman v. Meriwether Leachman Assocs., 35 Wn. App. 318, 321, 666 P.2d 937 (1983) (citing Pinneo v. Stevens Pass, Inc., 14 Wn. App. 848, 545 P.2d 1207 (1976)); see also 1519-1525 Lakeview Blvd. Condo. Ass'n v. Apt. Sales Corp., 144 Wn.2d 570, 578, 29 P.3d 1249 (2001).  Concept Statute of Limitation (SOL) Statute of Repose (SOR) Trigger Event Accrual of cause of action (discovery of injury) Substantial completion of construction services Primary Purpose Encourages diligent prosecution of known claims Provides a date certain for the end of legal liability Duration (WA) Generally, two-to-three years for torts Six years for construction-related activities Tolling Often tolled by discovery or minority status Generally, not tollable (hard outer wall) Status of Right Bars the remedy Extinguishes the underlying right of action For decades, the application of this statute was guided by Condit v. Lewis Refrigeration Co., 101 Wash. 2d 106, 676 P.2d 466 (1984), which held that the statute of repose protects individuals whose activities contribute to a structural improvement or to "integral" systems, such as heating or plumbing, that are required for the structure to function as intended. It does not protect manufacturers of heavy equipment or non-integral "accoutrements" housed within a building. Condit, 101 Wn.2d at 12. Applying Condit to asbestos-containing industrial insulation led to a split in the Washington appellate courts: The contextual approach: In Maxwell v. Atl. Richfield Co., 15 Wash. App. 2d 569, 476 P.3d 645 (2020), Division Two determined that a contractor was protected by the statute of repose because the installation of insulation occurred during the original construction of the refinery, which itself constituted as an improvement upon real property. The evidentiary approach: In Welch v. Brand Insulations, Inc., 27 Wash. App. 2d 110, 531 P.3d 265 (2023), Division One rejected the Maxwell approach, holding that contractors must provide specific, competent evidence showing that their insulation work actively contributed to a structural improvement or an integral system necessary for the refinery's function. The Polinder Decision In April 2026, the Washington Supreme Court issued its decision in Polinder, resolving the conflict between Maxwell and Welch. The Court's opinion resolved the appellate split on two distinct but related grounds, each carrying significant implications for how contractors defend asbestos claims. 1. The Integral Systems Requirement  The Court agreed with the Welch framework, clarifying that a contractor must establish that their work contributed to the construction of an improvement on real property or to a system that is a normal and integral part of that improvement. In Polinder, the defendant successfully met this burden by submitting expert engineering testimony, which explained that a refinery cannot safely manage heat energy and mass balances without thermal insulation. Because the insulation was proven to be a "normal and integral component required for the Cherry Point refinery to function as intended," the Court ruled that the contractor's installation activities were protected by the six-year construction statute of repose. 2. The Product Seller Exception  While the installation of the insulation was protected, the Court ruled that the statute of repose does not shield contractors from claims arising from independent duties as a "product seller" or "negligent supplier." In Polinder, the record contained evidence that the contractor did not merely install the materials but also used their expertise to select the asbestos-bearing insulation, purchased it, and resold it to the facility owner at a marked-up price. Consequently, the Court held that the plaintiff's claims based on product seller or supplier liability were not barred by the construction statute of repose and could proceed. Impact on Asbestos Cases and Defendants The Polinder decision provides a framework for how asbestos cases involving contractors will be litigated moving forward: Reliance on Expert Evidence Contractors can no longer assume that working on a large industrial site automatically satisfies the statute of repose. Defendants must proactively utilize expert testimony to demonstrate that the specific piping or equipment they insulated was an integral system functionally necessary for the facility to operate. Evaluating the Contractor's Role Because plaintiffs can bypass the construction statute of repose by pursuing "seller" or "supplier" liability theories, discovery will heavily focus on a contractor's historical procurement role. Defendants will need to analyze historical contracts to demonstrate they were providing a unified construction service rather than acting as a retail merchant who purchased and resold hazardous materials. Continued Importance of Proximate Cause For claims that survive the statute of repose under the product seller exception, plaintiffs are still required to prove proximate cause under the standard set forth in Lockwood v. AC & S, Inc., 109 Wash. 2d 235, 744 P.2d 605 (1987). This requires demonstrating a reasonable connection between the plaintiff's injury and the specific asbestos product supplied by the defendant, analyzing factors, such as the plaintiff's proximity to the product, the expanse of the worksite, and the frequency and duration of the exposure. Ultimately, the Washington Supreme Court's decision recalibrated the legal landscape for asbestos litigants by solidifying a strict six-year repose bar against pure construction liability, while simultaneously preserving a distinct, viable pathway for plaintiffs to pursue historical claims against contractors who also functioned as hazardous product sellers or suppliers. See Polinder v. Brand Insulations, Inc., No. 102782-6, slip op. at 7, 14-16 (Wash. Apr. 30, 2026). Contractors can mitigate future liability by expressly stating in their agreements that the facility owner or client retains sole authority to choose, specify, and supply the materials used for the project.

Samantha Marrelli (Associate-White Plains, NY) and Gregg Tatarka (Partner-White Plains, NY) secured a stipulation of discontinuance in the Supreme Court of the State of New York, Sullivan County, on behalf of a global consumer electronics company client in a product liability action arising from an alleged residential fire. The plaintiff claimed that a washing machine at their Rock Hill, New York, residence was defective and caused a fire.  The complaint asserted causes of action for negligence, strict product liability, breach of warranty, and product malfunction, and sought damages of nearly $90,000, plus interest from the date of the alleged fire. Throughout the litigation, the plaintiff's counsel repeatedly attempted to settle the matter without a laboratory examination of the subject product. Samantha consistently pushed back and maintained the client’s position that no settlement discussions would be entertained absent an examination. After Wilson Elser refused multiple settlement demands, the plaintiff provided a stipulation of discontinuance and is no longer pursuing the matter. 

Jonathan Meer (Partner-New York, NY) will present the Wilson Elser Forum webinar “Legal Ethics in the World of Artificial Intelligence” on July 16, 2026. The presentation will address how attorney regulation has evolved over time and what steps are being considered for policing attorney use of AI. Jonathan will touch on some of the model rules and ethical opinions concerning technology, as well as rules being adopted by the courts regarding AI use. He’ll also highlight instances of attorneys being reprimanded for misusing AI. Using artificial intelligence as a tool is becoming more commonplace among lawyers. The AI guidelines, whether established by courts, state bar associations, law firms, individual practitioners, or otherwise, should be a growing concern that requires careful consideration by lawyers today. 

On May 27, 2026, Governor Kathy Hochul signed New York's 2026 state budget into law. The $268.1 billion budget includes significant tort reform provisions for New York State motor vehicle litigation. The reforms took effect immediately and apply to all motor vehicle actions commenced on or after the law’s passage, other than accidents resulting in a death or property damage.  I. Shift from Pure to Modified Comparative Negligence in Motor Vehicle Cases The biggest change is to C.P.L.R. § 1411, which has long governed comparative negligence in New York. With the addition of a new subsection "b," New York now moves from a pure to a modified comparative negligence state but just for motor vehicle accident cases. Under a pure comparative negligence system, plaintiffs could recover compensation even if they were predominantly at fault. For example, a party who was 99 percent responsible for an accident could still recover one percent of the total damages. Now, under the new law, a plaintiff who is more at fault (i.e. more than 50 percent) than the other persons involved in a motor vehicle accident cannot recover. In practice, if a jury finds a car accident plaintiff is 51 percent or more at fault, it will not proceed to calculate and award damages.  II. Elimination of the 90/180-Day Serious Injury Category The tort reform also amends subsection (d) of Insurance Law § 5102 to eliminate the so-called "90/180-day" category of serious injury. Under prior law, a plaintiff could satisfy the serious injury “threshold” by demonstrating a medically determined injury of a non-permanent nature that prevented them from performing substantially all of their usual and customary daily activities for at least 90 of the 180 days immediately following the accident (e.g. going to work or school). This category faced significant criticism because it often relied on subjective, self-reported information and/or allowed someone who could go to work but didn’t to automatically meet the threshold. III. New Sequencing Requirement: Fault Before Serious Injury Another aspect is that Insurance Law § 5104(a) now requires juries to decide who is at fault for a motor vehicle accident before figuring out whether the serious injury threshold is met. Under the new rules, liability for non-economic loss (i.e., pain and suffering) isn't set until fault is determined. This means that the trier of fact must assign blame first, then assess damages afterward, specifically for non-economic losses. The new sequencing rule has significant strategic effects. Under the updated comparative negligence system for car accident cases, if the jury finds the plaintiff more than 50 percent at fault, they stop right there–no damages awarded. If the plaintiff’s fault does not exceed 50 percent, the jury then considers whether the plaintiff’s injuries satisfy the other requirements in § 5102(d). This makes trials more efficient and keeps juries from letting information about injuries bias their decision when the plaintiff is too fault-prone to recover damages. IV. Recovery Cap for Claimants Engaged in Unlawful Conduct Finally, Insurance Law Section 5104 now includes a new subsection (d). It caps non-economic loss (i.e., pain and suffering) recovery for a motor vehicle accident at $100,000 when the plaintiff is in one of three specific groups (unless the accident results in death): The plaintiff was operating an uninsured motor vehicle in violation of Article 6 of the Vehicle and Traffic Law (with an exception for lapses in coverage of fewer than 30 days). The plaintiff was operating a motor vehicle while impaired and has been convicted of that offense. The plaintiff was operating a motor vehicle in the commission of a felony or in immediate flight afterwards, with a conviction for the same. While the situations described above are thankfully rare, they do occur. The new law will prevent a significant recovery from others by drivers who were uninsured, intoxicated, and/or felons. The authors acknowledge the contributions made by summer staff assistant Christopher DeMicco.

National law firm Wilson Elser today announced that Sean Maraynes has joined the firm as a partner in the Medical Malpractice & Health Care Practice. Maraynes rejoins the firm after six years at a New York defense litigation firm. He previously served as of counsel at Wilson Elser before departing in 2019. Effective June 15, he will be based in the White Plains office and serve clients across the New York Metro region. “On behalf of Wilson Elser, I am pleased to welcome Sean back to the firm,” said Lori Semlies, cochair of the firm’s Medical Malpractice & Health Care Practice. “Sean is a skilled trial attorney with a proven track record of success, and his extensive experience in defending high-exposure casualty matters will be a significant asset to our medical malpractice and health care clients.” Maraynes cited the firm’s “esteemed reputation for defending businesses, hospitals, and health care providers” as a key factor in his decision to return. “I am excited to be back and represent clients with the full backing of a national law firm,” he said. Maraynes defends physicians, businesses, and nonprofit organizations in medical malpractice and catastrophic personal injury matters. As lead counsel, he has tried more than 40 cases to resolution, including wrongful death, medical malpractice, nursing home negligence, New York Labor Law, premises liability, and construction litigation matters. He has tried cases in all five boroughs of New York City and the surrounding counties. Maraynes is a member of the invitation-only American Board of Trial Advocates. Before first joining Wilson Elser, Maraynes served for five years as an Assistant District Attorney at the Bronx County District Attorney’s Office, where he prosecuted a wide range of violent crimes, including homicides.  Maraynes earned a J.D. degree from the Benjamin N. Cardozo School of Law and a B.A. degree in Sociology and Criminology/Criminal Justice from the University of Maryland, College Park.

Isaac Netzer (Associate-New York, NY) will again serve as a faculty member for the National Business Institute (NBI) in conjunction with two rebroadcasts of the CLE webinar “Pleadings, Motions, and Briefs: AI Edition,” to be held on August 20, 2026, and October 27, 2026. Back by popular demand, Isaac’s program focuses on the practical use of artificial intelligence in litigation, including AI’s capabilities and limitations, ethical and confidentiality considerations, and real-world applications in drafting pleadings, motions, briefs, and conducting document review. The rebroadcasts of Isaac’s November 2025 NBI presentation will cover topics such as strategic prompt design, identifying AI blind spots, authority validation, and using AI to assess both one’s own filings and opposing counsel’s submissions, with Isaac hosting live Q&A sessions following the rebroadcasts. 

What happens if a personal injury plaintiff files bankruptcy but fails to disclose the personal injury claim in the bankruptcy case? The United States Supreme Court has now resolved a circuit split about how to analyze that question, and it could impact pending claims. In Keathley v. Buddy Ayers Construction, Inc,. the Keathleys were involved in a motor vehicle accident with a Buddy Ayers’ employee in August 2021. They had an open Chapter 13 repayment plan but did not disclose the claim in the bankruptcy case after the accident occurred or when they filed suit. Buddy Ayers learned of the bankruptcy and moved for summary judgment in March 2023, arguing the Keathleys had taken inconsistent positions—first denying the claim in bankruptcy then later asserting it in the personal injury case. Buddy Ayers argued judicial estoppel barred the Keathleys from pursuing the personal injury claim because they had previously denied it existed in bankruptcy. The district court applied Fifth Circuit precedent and granted summary judgment, which the Fifth Circuit affirmed. The Supreme Court reversed on narrow grounds, finding both lower courts used the wrong standard. Judicial estoppel is an equitable doctrine. “[W]hen a court conducts an equitable inquiry, it must act on a case-by-case basis, considering all relevant facts and circumstances.” Thus, the judgment was reversed and remanded to apply that test to the facts of this case. It gave no opinion as to what might happen when that test is applied. This ruling changes the approach in circuits that previously applied narrower standards. District courts in those areas will now consider more factors, potentially making it harder to prevail on motions like Buddy Ayers filed. Keathley may also reduce some of the disincentives for bankrupt plaintiffs to conceal assets.

Michael Lowry (Partner-Las Vegas, NV) submitted an amicus brief on behalf of the Las Vegas Defense Lawyers (LVDL) regarding a writ petition discussing how much detail the Nevada Rules of Civil Procedure (NRCP) 35 requires, both in a motion seeking an NRCP 35 exam and in the order granting that motion. The plaintiff argues for exacting specificity that includes every technique, test, procedure, and question that will be asked. However, NRCP 35 does not require the extensive degree of specificity that the plaintiff asserts, nor is it practical. LVDL’s brief notes that this is a recurring dispute that is frequently litigated and that appellate guidance would be helpful.

Newly recognized in 2026 as Recommended Lawyers in the Insurance: Advice to Insurers section are Eric Cheng (Partner, White Plains, NY), David Simantob (Partner, Los Angeles), and Linda Hoshide (Partner, Los Angeles).  Insurance: Advice to Insurers Tier 3  The nationwide insurance practice at Wilson Elser is known for handling coverage disputes under D&O policies, class actions, and bad faith claims.  Recognized attorneys: James Stankowski (Partner, Los Angeles), recognized for his legal ability in complex insurance litigation, coverage matters, and class action defense; Price Collins (Partner, Texas), who specializes in handling coverage determinations, claims, settlement negotiations, and bad faith avoidance; Michael Duffy (Partner, Chicago), who advises on coverage, extra-contractual liability, and reinsurance matters; Jonathan Meer (Partner, New York), who represents insurers based in the United States, China, London, and Bermuda in high-exposure claims; Richard Boone (Partner, New York), whose experience includes handling coverage litigation concerning the opioid crisis and representing a wide range of corporate, executive, and professional liability matters as both coverage and defense counsel; Eric Cheng (Partner, White Plains, NY), who represents national insurance carriers; and Los Angeles office partners Linda Hoshide and David Simantob, both experienced advisors on insurance coverage matters and bad faith claims.  Cannabis Tier 4  Present across key markets, Wilson Elser provides multi-faceted support to clients on cannabis and hemp-related regulatory compliance, insurance matters, and high-impact litigation.  Recognized attorneys: Ian Stewart (Partner, Los Angeles), Cannabis Law Practice cochair, who handles regulatory compliance and risk management for cannabis and hemp operators, as well as employment matters; Dean Rocco (Partner, Los Angeles), Cannabis Law Practice cochair, who supports clients in corporate matters, licensing applications, and commercial transactions, and assists ancillary businesses and financial institutions that work with cannabis companies on regulatory compliance; William Tolin Gay (Of Counsel, Los Angeles), who advises clients in the cannabis industry on matters relating to private placements and other financing arrangements; and Jonathan Meer (Partner, New York), who is well-versed in insurance coverage for directors and officers. Shipping Litigation & Regulation Tier 3  Supporting a wide range of cruise lines, oil companies, and international P&I clubs, the team at Wilson Elser advises on pollution claims, marine product liability, salvage, and multi-agency investigations.  Recognized attorneys: Jake Rodriguez (Partner, New Orleans), experienced in maritime, environmental and energy law; Mike Harowski (Partner, New Orleans), with an integrated practice in maritime law, environmental law, marine and pollution casualty response, and insurance coverage and defense; Otis Felder (Partner, Los Angeles), Admiralty & Marine Practice cochair, who is the first port of call for vessel operators, port operators, and stevedores; and Raúl Chacón (Partner, Miami), who is regularly appointed to act as national and local counsel by insurance companies in admiralty and maritime matters, in addition to working on infectious disease matters and wider commercial disputes. The Legal 500 United States is a leading annual legal directory that ranks law firms and individual attorneys based on comprehensive research and analysis. The publication highlights firms and lawyers recognized for excellence in a wide range of practice areas across multiple jurisdictions. Recognized firms are ranked in Tiers, with the number of tiers varying based on the size of the region covered and the practice area evaluated.

Jacqueline Hattar (Partner-White Plains, NY) and Urvashi Sinha (Partner-New York, NY) obtained summary judgment on behalf of Wilson Elser’s client, a truck driver, in the New York State Supreme Court, Bronx County. The plaintiff alleged that our client was negligent in the ownership and operation of his tractor-trailer truck by illegally parking it on a Bronx roadway. As a result of the alleged accident, the plaintiff claimed to have sustained serious injuries to his right shoulder and lumbar spine, requiring two surgeries, and sought to recover the client’s $1 million policy limit. Before depositions were completed, Jackie moved for summary judgment, seeking dismissal of the plaintiff’s complaint and all cross-claims. Jackie and Urvashi argued that, based on the police investigation and witness statements, our client’s truck was legally parked and did not make contact with the plaintiff’s vehicle, which had been struck by the co-defendant’s vehicle. In opposition, the plaintiff argued that the motion was premature because depositions had not yet been completed and that triable issues of fact existed as to whether Wilson Elser’s client was lawfully parked and whether the parked truck caused or contributed to the accident. In reply, Jackie and Urvashi maintained that the plaintiff failed to submit any evidence in admissible form, such as affidavits, photographic, or video evidence, to establish that the client’s truck was illegally parked in the roadway. The court agreed with Wilson Elser’s arguments and granted the motion in all respects. Jackie drafted the motion papers, and Urvashi orally argued the motion before the court on behalf of our client. The plaintiff’s action is continuing against the co-defendants, the driver and the vehicle owner.  

The Washington Supreme Court’s recent decision in Polinder v. Brand Insulations, Inc., No. 102782-6 (Wash. Apr. 30, 2026), provides clarifications on how the construction statute of repose applies to contractors in asbestos litigation. By resolving conflicting appellate decisions, the Court established a more precise framework for evaluating when a contractor’s historical installation work is shielded from liability and when it is not. Background: The Construction Statute of Repose In Washington, the construction statute of repose, Wash. Rev. Code § 4.16.300 (2026), applies to claims arising from a person having "constructed, altered or repaired any improvement upon real property.” Wash. Rev. Code § 4.16.310 (2026) dictates that such claims must accrue within six years of the substantial completion of construction.  Unlike a traditional statute of limitations, which typically begins to run when a plaintiff discovers an injury, a statute of repose creates a strict outer time limit that extinguishes a cause of action after a specified period, even if the injury has not yet occurred or been discovered. The legislature enacted this statute to protect contractors and engineers from extended potential liability decades after a project is completed. See Hudesman v. Meriwether Leachman Assocs., 35 Wn. App. 318, 321, 666 P.2d 937 (1983) (citing Pinneo v. Stevens Pass, Inc., 14 Wn. App. 848, 545 P.2d 1207 (1976)); see also 1519-1525 Lakeview Blvd. Condo. Ass'n v. Apt. Sales Corp., 144 Wn.2d 570, 578, 29 P.3d 1249 (2001).  Concept Statute of Limitation (SOL) Statute of Repose (SOR) Trigger Event Accrual of cause of action (discovery of injury) Substantial completion of construction services Primary Purpose Encourages diligent prosecution of known claims Provides a date certain for the end of legal liability Duration (WA) Generally, two-to-three years for torts Six years for construction-related activities Tolling Often tolled by discovery or minority status Generally, not tollable (hard outer wall) Status of Right Bars the remedy Extinguishes the underlying right of action For decades, the application of this statute was guided by Condit v. Lewis Refrigeration Co., 101 Wash. 2d 106, 676 P.2d 466 (1984), which held that the statute of repose protects individuals whose activities contribute to a structural improvement or to "integral" systems, such as heating or plumbing, that are required for the structure to function as intended. It does not protect manufacturers of heavy equipment or non-integral "accoutrements" housed within a building. Condit, 101 Wn.2d at 12. Applying Condit to asbestos-containing industrial insulation led to a split in the Washington appellate courts: The contextual approach: In Maxwell v. Atl. Richfield Co., 15 Wash. App. 2d 569, 476 P.3d 645 (2020), Division Two determined that a contractor was protected by the statute of repose because the installation of insulation occurred during the original construction of the refinery, which itself constituted as an improvement upon real property. The evidentiary approach: In Welch v. Brand Insulations, Inc., 27 Wash. App. 2d 110, 531 P.3d 265 (2023), Division One rejected the Maxwell approach, holding that contractors must provide specific, competent evidence showing that their insulation work actively contributed to a structural improvement or an integral system necessary for the refinery's function. The Polinder Decision In April 2026, the Washington Supreme Court issued its decision in Polinder, resolving the conflict between Maxwell and Welch. The Court's opinion resolved the appellate split on two distinct but related grounds, each carrying significant implications for how contractors defend asbestos claims. 1. The Integral Systems Requirement  The Court agreed with the Welch framework, clarifying that a contractor must establish that their work contributed to the construction of an improvement on real property or to a system that is a normal and integral part of that improvement. In Polinder, the defendant successfully met this burden by submitting expert engineering testimony, which explained that a refinery cannot safely manage heat energy and mass balances without thermal insulation. Because the insulation was proven to be a "normal and integral component required for the Cherry Point refinery to function as intended," the Court ruled that the contractor's installation activities were protected by the six-year construction statute of repose. 2. The Product Seller Exception  While the installation of the insulation was protected, the Court ruled that the statute of repose does not shield contractors from claims arising from independent duties as a "product seller" or "negligent supplier." In Polinder, the record contained evidence that the contractor did not merely install the materials but also used their expertise to select the asbestos-bearing insulation, purchased it, and resold it to the facility owner at a marked-up price. Consequently, the Court held that the plaintiff's claims based on product seller or supplier liability were not barred by the construction statute of repose and could proceed. Impact on Asbestos Cases and Defendants The Polinder decision provides a framework for how asbestos cases involving contractors will be litigated moving forward: Reliance on Expert Evidence Contractors can no longer assume that working on a large industrial site automatically satisfies the statute of repose. Defendants must proactively utilize expert testimony to demonstrate that the specific piping or equipment they insulated was an integral system functionally necessary for the facility to operate. Evaluating the Contractor's Role Because plaintiffs can bypass the construction statute of repose by pursuing "seller" or "supplier" liability theories, discovery will heavily focus on a contractor's historical procurement role. Defendants will need to analyze historical contracts to demonstrate they were providing a unified construction service rather than acting as a retail merchant who purchased and resold hazardous materials. Continued Importance of Proximate Cause For claims that survive the statute of repose under the product seller exception, plaintiffs are still required to prove proximate cause under the standard set forth in Lockwood v. AC & S, Inc., 109 Wash. 2d 235, 744 P.2d 605 (1987). This requires demonstrating a reasonable connection between the plaintiff's injury and the specific asbestos product supplied by the defendant, analyzing factors, such as the plaintiff's proximity to the product, the expanse of the worksite, and the frequency and duration of the exposure. Ultimately, the Washington Supreme Court's decision recalibrated the legal landscape for asbestos litigants by solidifying a strict six-year repose bar against pure construction liability, while simultaneously preserving a distinct, viable pathway for plaintiffs to pursue historical claims against contractors who also functioned as hazardous product sellers or suppliers. See Polinder v. Brand Insulations, Inc., No. 102782-6, slip op. at 7, 14-16 (Wash. Apr. 30, 2026). Contractors can mitigate future liability by expressly stating in their agreements that the facility owner or client retains sole authority to choose, specify, and supply the materials used for the project.

Samantha Marrelli (Associate-White Plains, NY) and Gregg Tatarka (Partner-White Plains, NY) secured a stipulation of discontinuance in the Supreme Court of the State of New York, Sullivan County, on behalf of a global consumer electronics company client in a product liability action arising from an alleged residential fire. The plaintiff claimed that a washing machine at their Rock Hill, New York, residence was defective and caused a fire.  The complaint asserted causes of action for negligence, strict product liability, breach of warranty, and product malfunction, and sought damages of nearly $90,000, plus interest from the date of the alleged fire. Throughout the litigation, the plaintiff's counsel repeatedly attempted to settle the matter without a laboratory examination of the subject product. Samantha consistently pushed back and maintained the client’s position that no settlement discussions would be entertained absent an examination. After Wilson Elser refused multiple settlement demands, the plaintiff provided a stipulation of discontinuance and is no longer pursuing the matter. 

Jonathan Meer (Partner-New York, NY) will present the Wilson Elser Forum webinar “Legal Ethics in the World of Artificial Intelligence” on July 16, 2026. The presentation will address how attorney regulation has evolved over time and what steps are being considered for policing attorney use of AI. Jonathan will touch on some of the model rules and ethical opinions concerning technology, as well as rules being adopted by the courts regarding AI use. He’ll also highlight instances of attorneys being reprimanded for misusing AI. Using artificial intelligence as a tool is becoming more commonplace among lawyers. The AI guidelines, whether established by courts, state bar associations, law firms, individual practitioners, or otherwise, should be a growing concern that requires careful consideration by lawyers today. 

On May 27, 2026, Governor Kathy Hochul signed New York's 2026 state budget into law. The $268.1 billion budget includes significant tort reform provisions for New York State motor vehicle litigation. The reforms took effect immediately and apply to all motor vehicle actions commenced on or after the law’s passage, other than accidents resulting in a death or property damage.  I. Shift from Pure to Modified Comparative Negligence in Motor Vehicle Cases The biggest change is to C.P.L.R. § 1411, which has long governed comparative negligence in New York. With the addition of a new subsection "b," New York now moves from a pure to a modified comparative negligence state but just for motor vehicle accident cases. Under a pure comparative negligence system, plaintiffs could recover compensation even if they were predominantly at fault. For example, a party who was 99 percent responsible for an accident could still recover one percent of the total damages. Now, under the new law, a plaintiff who is more at fault (i.e. more than 50 percent) than the other persons involved in a motor vehicle accident cannot recover. In practice, if a jury finds a car accident plaintiff is 51 percent or more at fault, it will not proceed to calculate and award damages.  II. Elimination of the 90/180-Day Serious Injury Category The tort reform also amends subsection (d) of Insurance Law § 5102 to eliminate the so-called "90/180-day" category of serious injury. Under prior law, a plaintiff could satisfy the serious injury “threshold” by demonstrating a medically determined injury of a non-permanent nature that prevented them from performing substantially all of their usual and customary daily activities for at least 90 of the 180 days immediately following the accident (e.g. going to work or school). This category faced significant criticism because it often relied on subjective, self-reported information and/or allowed someone who could go to work but didn’t to automatically meet the threshold. III. New Sequencing Requirement: Fault Before Serious Injury Another aspect is that Insurance Law § 5104(a) now requires juries to decide who is at fault for a motor vehicle accident before figuring out whether the serious injury threshold is met. Under the new rules, liability for non-economic loss (i.e., pain and suffering) isn't set until fault is determined. This means that the trier of fact must assign blame first, then assess damages afterward, specifically for non-economic losses. The new sequencing rule has significant strategic effects. Under the updated comparative negligence system for car accident cases, if the jury finds the plaintiff more than 50 percent at fault, they stop right there–no damages awarded. If the plaintiff’s fault does not exceed 50 percent, the jury then considers whether the plaintiff’s injuries satisfy the other requirements in § 5102(d). This makes trials more efficient and keeps juries from letting information about injuries bias their decision when the plaintiff is too fault-prone to recover damages. IV. Recovery Cap for Claimants Engaged in Unlawful Conduct Finally, Insurance Law Section 5104 now includes a new subsection (d). It caps non-economic loss (i.e., pain and suffering) recovery for a motor vehicle accident at $100,000 when the plaintiff is in one of three specific groups (unless the accident results in death): The plaintiff was operating an uninsured motor vehicle in violation of Article 6 of the Vehicle and Traffic Law (with an exception for lapses in coverage of fewer than 30 days). The plaintiff was operating a motor vehicle while impaired and has been convicted of that offense. The plaintiff was operating a motor vehicle in the commission of a felony or in immediate flight afterwards, with a conviction for the same. While the situations described above are thankfully rare, they do occur. The new law will prevent a significant recovery from others by drivers who were uninsured, intoxicated, and/or felons. The authors acknowledge the contributions made by summer staff assistant Christopher DeMicco.

National law firm Wilson Elser today announced that Sean Maraynes has joined the firm as a partner in the Medical Malpractice & Health Care Practice. Maraynes rejoins the firm after six years at a New York defense litigation firm. He previously served as of counsel at Wilson Elser before departing in 2019. Effective June 15, he will be based in the White Plains office and serve clients across the New York Metro region. “On behalf of Wilson Elser, I am pleased to welcome Sean back to the firm,” said Lori Semlies, cochair of the firm’s Medical Malpractice & Health Care Practice. “Sean is a skilled trial attorney with a proven track record of success, and his extensive experience in defending high-exposure casualty matters will be a significant asset to our medical malpractice and health care clients.” Maraynes cited the firm’s “esteemed reputation for defending businesses, hospitals, and health care providers” as a key factor in his decision to return. “I am excited to be back and represent clients with the full backing of a national law firm,” he said. Maraynes defends physicians, businesses, and nonprofit organizations in medical malpractice and catastrophic personal injury matters. As lead counsel, he has tried more than 40 cases to resolution, including wrongful death, medical malpractice, nursing home negligence, New York Labor Law, premises liability, and construction litigation matters. He has tried cases in all five boroughs of New York City and the surrounding counties. Maraynes is a member of the invitation-only American Board of Trial Advocates. Before first joining Wilson Elser, Maraynes served for five years as an Assistant District Attorney at the Bronx County District Attorney’s Office, where he prosecuted a wide range of violent crimes, including homicides.  Maraynes earned a J.D. degree from the Benjamin N. Cardozo School of Law and a B.A. degree in Sociology and Criminology/Criminal Justice from the University of Maryland, College Park.

Isaac Netzer (Associate-New York, NY) will again serve as a faculty member for the National Business Institute (NBI) in conjunction with two rebroadcasts of the CLE webinar “Pleadings, Motions, and Briefs: AI Edition,” to be held on August 20, 2026, and October 27, 2026. Back by popular demand, Isaac’s program focuses on the practical use of artificial intelligence in litigation, including AI’s capabilities and limitations, ethical and confidentiality considerations, and real-world applications in drafting pleadings, motions, briefs, and conducting document review. The rebroadcasts of Isaac’s November 2025 NBI presentation will cover topics such as strategic prompt design, identifying AI blind spots, authority validation, and using AI to assess both one’s own filings and opposing counsel’s submissions, with Isaac hosting live Q&A sessions following the rebroadcasts. 

What happens if a personal injury plaintiff files bankruptcy but fails to disclose the personal injury claim in the bankruptcy case? The United States Supreme Court has now resolved a circuit split about how to analyze that question, and it could impact pending claims. In Keathley v. Buddy Ayers Construction, Inc,. the Keathleys were involved in a motor vehicle accident with a Buddy Ayers’ employee in August 2021. They had an open Chapter 13 repayment plan but did not disclose the claim in the bankruptcy case after the accident occurred or when they filed suit. Buddy Ayers learned of the bankruptcy and moved for summary judgment in March 2023, arguing the Keathleys had taken inconsistent positions—first denying the claim in bankruptcy then later asserting it in the personal injury case. Buddy Ayers argued judicial estoppel barred the Keathleys from pursuing the personal injury claim because they had previously denied it existed in bankruptcy. The district court applied Fifth Circuit precedent and granted summary judgment, which the Fifth Circuit affirmed. The Supreme Court reversed on narrow grounds, finding both lower courts used the wrong standard. Judicial estoppel is an equitable doctrine. “[W]hen a court conducts an equitable inquiry, it must act on a case-by-case basis, considering all relevant facts and circumstances.” Thus, the judgment was reversed and remanded to apply that test to the facts of this case. It gave no opinion as to what might happen when that test is applied. This ruling changes the approach in circuits that previously applied narrower standards. District courts in those areas will now consider more factors, potentially making it harder to prevail on motions like Buddy Ayers filed. Keathley may also reduce some of the disincentives for bankrupt plaintiffs to conceal assets.

Michael Lowry (Partner-Las Vegas, NV) submitted an amicus brief on behalf of the Las Vegas Defense Lawyers (LVDL) regarding a writ petition discussing how much detail the Nevada Rules of Civil Procedure (NRCP) 35 requires, both in a motion seeking an NRCP 35 exam and in the order granting that motion. The plaintiff argues for exacting specificity that includes every technique, test, procedure, and question that will be asked. However, NRCP 35 does not require the extensive degree of specificity that the plaintiff asserts, nor is it practical. LVDL’s brief notes that this is a recurring dispute that is frequently litigated and that appellate guidance would be helpful.

Newly recognized in 2026 as Recommended Lawyers in the Insurance: Advice to Insurers section are Eric Cheng (Partner, White Plains, NY), David Simantob (Partner, Los Angeles), and Linda Hoshide (Partner, Los Angeles).  Insurance: Advice to Insurers Tier 3  The nationwide insurance practice at Wilson Elser is known for handling coverage disputes under D&O policies, class actions, and bad faith claims.  Recognized attorneys: James Stankowski (Partner, Los Angeles), recognized for his legal ability in complex insurance litigation, coverage matters, and class action defense; Price Collins (Partner, Texas), who specializes in handling coverage determinations, claims, settlement negotiations, and bad faith avoidance; Michael Duffy (Partner, Chicago), who advises on coverage, extra-contractual liability, and reinsurance matters; Jonathan Meer (Partner, New York), who represents insurers based in the United States, China, London, and Bermuda in high-exposure claims; Richard Boone (Partner, New York), whose experience includes handling coverage litigation concerning the opioid crisis and representing a wide range of corporate, executive, and professional liability matters as both coverage and defense counsel; Eric Cheng (Partner, White Plains, NY), who represents national insurance carriers; and Los Angeles office partners Linda Hoshide and David Simantob, both experienced advisors on insurance coverage matters and bad faith claims.  Cannabis Tier 4  Present across key markets, Wilson Elser provides multi-faceted support to clients on cannabis and hemp-related regulatory compliance, insurance matters, and high-impact litigation.  Recognized attorneys: Ian Stewart (Partner, Los Angeles), Cannabis Law Practice cochair, who handles regulatory compliance and risk management for cannabis and hemp operators, as well as employment matters; Dean Rocco (Partner, Los Angeles), Cannabis Law Practice cochair, who supports clients in corporate matters, licensing applications, and commercial transactions, and assists ancillary businesses and financial institutions that work with cannabis companies on regulatory compliance; William Tolin Gay (Of Counsel, Los Angeles), who advises clients in the cannabis industry on matters relating to private placements and other financing arrangements; and Jonathan Meer (Partner, New York), who is well-versed in insurance coverage for directors and officers. Shipping Litigation & Regulation Tier 3  Supporting a wide range of cruise lines, oil companies, and international P&I clubs, the team at Wilson Elser advises on pollution claims, marine product liability, salvage, and multi-agency investigations.  Recognized attorneys: Jake Rodriguez (Partner, New Orleans), experienced in maritime, environmental and energy law; Mike Harowski (Partner, New Orleans), with an integrated practice in maritime law, environmental law, marine and pollution casualty response, and insurance coverage and defense; Otis Felder (Partner, Los Angeles), Admiralty & Marine Practice cochair, who is the first port of call for vessel operators, port operators, and stevedores; and Raúl Chacón (Partner, Miami), who is regularly appointed to act as national and local counsel by insurance companies in admiralty and maritime matters, in addition to working on infectious disease matters and wider commercial disputes. The Legal 500 United States is a leading annual legal directory that ranks law firms and individual attorneys based on comprehensive research and analysis. The publication highlights firms and lawyers recognized for excellence in a wide range of practice areas across multiple jurisdictions. Recognized firms are ranked in Tiers, with the number of tiers varying based on the size of the region covered and the practice area evaluated.

Jacqueline Hattar (Partner-White Plains, NY) and Urvashi Sinha (Partner-New York, NY) obtained summary judgment on behalf of Wilson Elser’s client, a truck driver, in the New York State Supreme Court, Bronx County. The plaintiff alleged that our client was negligent in the ownership and operation of his tractor-trailer truck by illegally parking it on a Bronx roadway. As a result of the alleged accident, the plaintiff claimed to have sustained serious injuries to his right shoulder and lumbar spine, requiring two surgeries, and sought to recover the client’s $1 million policy limit. Before depositions were completed, Jackie moved for summary judgment, seeking dismissal of the plaintiff’s complaint and all cross-claims. Jackie and Urvashi argued that, based on the police investigation and witness statements, our client’s truck was legally parked and did not make contact with the plaintiff’s vehicle, which had been struck by the co-defendant’s vehicle. In opposition, the plaintiff argued that the motion was premature because depositions had not yet been completed and that triable issues of fact existed as to whether Wilson Elser’s client was lawfully parked and whether the parked truck caused or contributed to the accident. In reply, Jackie and Urvashi maintained that the plaintiff failed to submit any evidence in admissible form, such as affidavits, photographic, or video evidence, to establish that the client’s truck was illegally parked in the roadway. The court agreed with Wilson Elser’s arguments and granted the motion in all respects. Jackie drafted the motion papers, and Urvashi orally argued the motion before the court on behalf of our client. The plaintiff’s action is continuing against the co-defendants, the driver and the vehicle owner.  

The Washington Supreme Court’s recent decision in Polinder v. Brand Insulations, Inc., No. 102782-6 (Wash. Apr. 30, 2026), provides clarifications on how the construction statute of repose applies to contractors in asbestos litigation. By resolving conflicting appellate decisions, the Court established a more precise framework for evaluating when a contractor’s historical installation work is shielded from liability and when it is not. Background: The Construction Statute of Repose In Washington, the construction statute of repose, Wash. Rev. Code § 4.16.300 (2026), applies to claims arising from a person having "constructed, altered or repaired any improvement upon real property.” Wash. Rev. Code § 4.16.310 (2026) dictates that such claims must accrue within six years of the substantial completion of construction.  Unlike a traditional statute of limitations, which typically begins to run when a plaintiff discovers an injury, a statute of repose creates a strict outer time limit that extinguishes a cause of action after a specified period, even if the injury has not yet occurred or been discovered. The legislature enacted this statute to protect contractors and engineers from extended potential liability decades after a project is completed. See Hudesman v. Meriwether Leachman Assocs., 35 Wn. App. 318, 321, 666 P.2d 937 (1983) (citing Pinneo v. Stevens Pass, Inc., 14 Wn. App. 848, 545 P.2d 1207 (1976)); see also 1519-1525 Lakeview Blvd. Condo. Ass'n v. Apt. Sales Corp., 144 Wn.2d 570, 578, 29 P.3d 1249 (2001).  Concept Statute of Limitation (SOL) Statute of Repose (SOR) Trigger Event Accrual of cause of action (discovery of injury) Substantial completion of construction services Primary Purpose Encourages diligent prosecution of known claims Provides a date certain for the end of legal liability Duration (WA) Generally, two-to-three years for torts Six years for construction-related activities Tolling Often tolled by discovery or minority status Generally, not tollable (hard outer wall) Status of Right Bars the remedy Extinguishes the underlying right of action For decades, the application of this statute was guided by Condit v. Lewis Refrigeration Co., 101 Wash. 2d 106, 676 P.2d 466 (1984), which held that the statute of repose protects individuals whose activities contribute to a structural improvement or to "integral" systems, such as heating or plumbing, that are required for the structure to function as intended. It does not protect manufacturers of heavy equipment or non-integral "accoutrements" housed within a building. Condit, 101 Wn.2d at 12. Applying Condit to asbestos-containing industrial insulation led to a split in the Washington appellate courts: The contextual approach: In Maxwell v. Atl. Richfield Co., 15 Wash. App. 2d 569, 476 P.3d 645 (2020), Division Two determined that a contractor was protected by the statute of repose because the installation of insulation occurred during the original construction of the refinery, which itself constituted as an improvement upon real property. The evidentiary approach: In Welch v. Brand Insulations, Inc., 27 Wash. App. 2d 110, 531 P.3d 265 (2023), Division One rejected the Maxwell approach, holding that contractors must provide specific, competent evidence showing that their insulation work actively contributed to a structural improvement or an integral system necessary for the refinery's function. The Polinder Decision In April 2026, the Washington Supreme Court issued its decision in Polinder, resolving the conflict between Maxwell and Welch. The Court's opinion resolved the appellate split on two distinct but related grounds, each carrying significant implications for how contractors defend asbestos claims. 1. The Integral Systems Requirement  The Court agreed with the Welch framework, clarifying that a contractor must establish that their work contributed to the construction of an improvement on real property or to a system that is a normal and integral part of that improvement. In Polinder, the defendant successfully met this burden by submitting expert engineering testimony, which explained that a refinery cannot safely manage heat energy and mass balances without thermal insulation. Because the insulation was proven to be a "normal and integral component required for the Cherry Point refinery to function as intended," the Court ruled that the contractor's installation activities were protected by the six-year construction statute of repose. 2. The Product Seller Exception  While the installation of the insulation was protected, the Court ruled that the statute of repose does not shield contractors from claims arising from independent duties as a "product seller" or "negligent supplier." In Polinder, the record contained evidence that the contractor did not merely install the materials but also used their expertise to select the asbestos-bearing insulation, purchased it, and resold it to the facility owner at a marked-up price. Consequently, the Court held that the plaintiff's claims based on product seller or supplier liability were not barred by the construction statute of repose and could proceed. Impact on Asbestos Cases and Defendants The Polinder decision provides a framework for how asbestos cases involving contractors will be litigated moving forward: Reliance on Expert Evidence Contractors can no longer assume that working on a large industrial site automatically satisfies the statute of repose. Defendants must proactively utilize expert testimony to demonstrate that the specific piping or equipment they insulated was an integral system functionally necessary for the facility to operate. Evaluating the Contractor's Role Because plaintiffs can bypass the construction statute of repose by pursuing "seller" or "supplier" liability theories, discovery will heavily focus on a contractor's historical procurement role. Defendants will need to analyze historical contracts to demonstrate they were providing a unified construction service rather than acting as a retail merchant who purchased and resold hazardous materials. Continued Importance of Proximate Cause For claims that survive the statute of repose under the product seller exception, plaintiffs are still required to prove proximate cause under the standard set forth in Lockwood v. AC & S, Inc., 109 Wash. 2d 235, 744 P.2d 605 (1987). This requires demonstrating a reasonable connection between the plaintiff's injury and the specific asbestos product supplied by the defendant, analyzing factors, such as the plaintiff's proximity to the product, the expanse of the worksite, and the frequency and duration of the exposure. Ultimately, the Washington Supreme Court's decision recalibrated the legal landscape for asbestos litigants by solidifying a strict six-year repose bar against pure construction liability, while simultaneously preserving a distinct, viable pathway for plaintiffs to pursue historical claims against contractors who also functioned as hazardous product sellers or suppliers. See Polinder v. Brand Insulations, Inc., No. 102782-6, slip op. at 7, 14-16 (Wash. Apr. 30, 2026). Contractors can mitigate future liability by expressly stating in their agreements that the facility owner or client retains sole authority to choose, specify, and supply the materials used for the project.

Samantha Marrelli (Associate-White Plains, NY) and Gregg Tatarka (Partner-White Plains, NY) secured a stipulation of discontinuance in the Supreme Court of the State of New York, Sullivan County, on behalf of a global consumer electronics company client in a product liability action arising from an alleged residential fire. The plaintiff claimed that a washing machine at their Rock Hill, New York, residence was defective and caused a fire.  The complaint asserted causes of action for negligence, strict product liability, breach of warranty, and product malfunction, and sought damages of nearly $90,000, plus interest from the date of the alleged fire. Throughout the litigation, the plaintiff's counsel repeatedly attempted to settle the matter without a laboratory examination of the subject product. Samantha consistently pushed back and maintained the client’s position that no settlement discussions would be entertained absent an examination. After Wilson Elser refused multiple settlement demands, the plaintiff provided a stipulation of discontinuance and is no longer pursuing the matter.