Liberty Mutual a/s/o Katina Kalage v. Sanyo, NYS Supreme Court, Queens County: Motion to compel deposition of Plaintiff’s fire investigation expert pursuant to CPLR 3101(d)(1)(iii), granted,  persuading Court that special circumstances existed based on plaintiff’s expert’s failure to sufficiently  document  fire scene inspection. 

Bradley Duprey v. Yamaha Motor Corporation USA, NYS Supreme Court, Essex County: Spoliation of evidence motion granted, entitling Yamaha to a negative inference jury instruction at trial based on Plaintiff’s unilateral and destructive examination of an ATV’s throttle assembly, which Plaintiff claimed was the defective part that caused his accident.  

MMG Insurance a/s/o Marc Berthiaume v. Samsung Electronics America, Inc. and Best Buy Inc: Obtained defense verdict on behalf of Samsung and Best Buy in a jury trial held in the U.S. District Court, District of New Hampshire (admitted pro hac vice), successfully defending companies against product liability and breach of warranty allegations.
 
Mark and Theresa Bolt v. Omegaflex:  Obtained dismissal of product liability action filed against OmegaFlex in Circuit Court for City of Richmond, VA (admitted pro hac vice), setting forth ground-breaking case law precedent for the CSST manufacturing industry as a whole with respect to the meaning of the "equipment or machinery" exception to Virginia's Statute of Repose defense. After briefing the issue and representing OmegaFlex at an evidentiary hearing, the court granted OmegaFlex's Plea in Bar based on the Statute of Repose defense.

Milford Fabricating Co. v. Amada Co. Ltd. et. al., US District Court, Dist. of Connecticut, (2012) (admitted pro hac vice) Successfully moved to dismiss a multi million dollar product liability claim made against a Japanese manufacturer of industrial Laser Cutting machine. The lawsuit arose from a fire that ignited in a sheet metal fabricating shop in March of 2009. The motion was made on the grounds that the District Court lacked personal jurisdiction over the Japanese Defendant, Amada Co. Ltd. The court granted the motion after jurisdictional discovery was conducted and oral argument was heard on the motion.

Wawenssa Insurance Co. a/s/o Sandy Asch v. Applica Consumer Products Inc.: Obtained a defense verdict on behalf of a household appliance manufacturer in a product liability jury trial held in the U.S. District Court for the Southern District of California (admitted pro hac vice). The issue presented to the jury was whether a toaster oven distributed by the firm’s client contained a manufacturing defect that caused a house fire.

Jerome & Patricia Burke and Mid-Century Insurance Co. v. OmegaFlex Inc. Obtained dismissal of multimillion-dollar product liability lawsuit filed against OmegaFlex in Circuit Court for Spotsylvania County, VA (admitted pro hac vice) after submission of plea in bar motion and bench trial.

Greenwood v. General Electric Co. Obtained summary judgment and complete dismissal of lawsuit filed against General Electric in New York State Supreme Court, Bronx County. The motion was granted after it was shown that plaintiff lacked sufficient evidence to establish a prima facie claim of strict product liability against GE. 

Supervise and coordinate the defense of a foreign manufacturer of consumer electronic products in product liability matters pending in the United States and Canada.

Defended a Canadian manufacturer of a double-hung window in a product liability claim brought in New York State Supreme Court, Nassau County, ultimately obtaining summary judgment on behalf of the manufacturer. Plaintiff sought seven-figure damages for injuries allegedly caused by a window sash that fell out of its frame and struck her in the head.

Arbitrated a business interruption coverage claim on behalf of an insurance carrier client brought by an insured that sold and serviced copy machines throughout New York City. The case arose out of the 2001 destruction of the World Trade Center and was arbitrated before 9-11 victims’ fund special master Kenneth Feinberg.

Representative Matters

Liberty Mutual a/s/o Katina Kalage v. Sanyo, NYS Supreme Court, Queens County: Motion to compel deposition of Plaintiff’s fire investigation expert pursuant to CPLR 3101(d)(1)(iii), granted,  persuading Court that special circumstances existed based on plaintiff’s expert’s failure to sufficiently  document  fire scene inspection. 

Bradley Duprey v. Yamaha Motor Corporation USA, NYS Supreme Court, Essex County: Spoliation of evidence motion granted, entitling Yamaha to a negative inference jury instruction at trial based on Plaintiff’s unilateral and destructive examination of an ATV’s throttle assembly, which Plaintiff claimed was the defective part that caused his accident.  

MMG Insurance a/s/o Marc Berthiaume v. Samsung Electronics America, Inc. and Best Buy Inc: Obtained defense verdict on behalf of Samsung and Best Buy in a jury trial held in the U.S. District Court, District of New Hampshire (admitted pro hac vice), successfully defending companies against product liability and breach of warranty allegations.
 
Mark and Theresa Bolt v. Omegaflex:  Obtained dismissal of product liability action filed against OmegaFlex in Circuit Court for City of Richmond, VA (admitted pro hac vice), setting forth ground-breaking case law precedent for the CSST manufacturing industry as a whole with respect to the meaning of the "equipment or machinery" exception to Virginia's Statute of Repose defense. After briefing the issue and representing OmegaFlex at an evidentiary hearing, the court granted OmegaFlex's Plea in Bar based on the Statute of Repose defense.

Milford Fabricating Co. v. Amada Co. Ltd. et. al., US District Court, Dist. of Connecticut, (2012) (admitted pro hac vice) Successfully moved to dismiss a multi million dollar product liability claim made against a Japanese manufacturer of industrial Laser Cutting machine. The lawsuit arose from a fire that ignited in a sheet metal fabricating shop in March of 2009. The motion was made on the grounds that the District Court lacked personal jurisdiction over the Japanese Defendant, Amada Co. Ltd. The court granted the motion after jurisdictional discovery was conducted and oral argument was heard on the motion.

Wawenssa Insurance Co. a/s/o Sandy Asch v. Applica Consumer Products Inc.: Obtained a defense verdict on behalf of a household appliance manufacturer in a product liability jury trial held in the U.S. District Court for the Southern District of California (admitted pro hac vice). The issue presented to the jury was whether a toaster oven distributed by the firm’s client contained a manufacturing defect that caused a house fire.

Jerome & Patricia Burke and Mid-Century Insurance Co. v. OmegaFlex Inc. Obtained dismissal of multimillion-dollar product liability lawsuit filed against OmegaFlex in Circuit Court for Spotsylvania County, VA (admitted pro hac vice) after submission of plea in bar motion and bench trial.

Greenwood v. General Electric Co. Obtained summary judgment and complete dismissal of lawsuit filed against General Electric in New York State Supreme Court, Bronx County. The motion was granted after it was shown that plaintiff lacked sufficient evidence to establish a prima facie claim of strict product liability against GE. 

Supervise and coordinate the defense of a foreign manufacturer of consumer electronic products in product liability matters pending in the United States and Canada.

Defended a Canadian manufacturer of a double-hung window in a product liability claim brought in New York State Supreme Court, Nassau County, ultimately obtaining summary judgment on behalf of the manufacturer. Plaintiff sought seven-figure damages for injuries allegedly caused by a window sash that fell out of its frame and struck her in the head.

Arbitrated a business interruption coverage claim on behalf of an insurance carrier client brought by an insured that sold and serviced copy machines throughout New York City. The case arose out of the 2001 destruction of the World Trade Center and was arbitrated before 9-11 victims’ fund special master Kenneth Feinberg.

Events

Liberty Mutual a/s/o Katina Kalage v. Sanyo, NYS Supreme Court, Queens County: Motion to compel deposition of Plaintiff’s fire investigation expert pursuant to CPLR 3101(d)(1)(iii), granted,  persuading Court that special circumstances existed based on plaintiff’s expert’s failure to sufficiently  document  fire scene inspection. 

Bradley Duprey v. Yamaha Motor Corporation USA, NYS Supreme Court, Essex County: Spoliation of evidence motion granted, entitling Yamaha to a negative inference jury instruction at trial based on Plaintiff’s unilateral and destructive examination of an ATV’s throttle assembly, which Plaintiff claimed was the defective part that caused his accident.  

MMG Insurance a/s/o Marc Berthiaume v. Samsung Electronics America, Inc. and Best Buy Inc: Obtained defense verdict on behalf of Samsung and Best Buy in a jury trial held in the U.S. District Court, District of New Hampshire (admitted pro hac vice), successfully defending companies against product liability and breach of warranty allegations.
 
Mark and Theresa Bolt v. Omegaflex:  Obtained dismissal of product liability action filed against OmegaFlex in Circuit Court for City of Richmond, VA (admitted pro hac vice), setting forth ground-breaking case law precedent for the CSST manufacturing industry as a whole with respect to the meaning of the "equipment or machinery" exception to Virginia's Statute of Repose defense. After briefing the issue and representing OmegaFlex at an evidentiary hearing, the court granted OmegaFlex's Plea in Bar based on the Statute of Repose defense.

Milford Fabricating Co. v. Amada Co. Ltd. et. al., US District Court, Dist. of Connecticut, (2012) (admitted pro hac vice) Successfully moved to dismiss a multi million dollar product liability claim made against a Japanese manufacturer of industrial Laser Cutting machine. The lawsuit arose from a fire that ignited in a sheet metal fabricating shop in March of 2009. The motion was made on the grounds that the District Court lacked personal jurisdiction over the Japanese Defendant, Amada Co. Ltd. The court granted the motion after jurisdictional discovery was conducted and oral argument was heard on the motion.

Wawenssa Insurance Co. a/s/o Sandy Asch v. Applica Consumer Products Inc.: Obtained a defense verdict on behalf of a household appliance manufacturer in a product liability jury trial held in the U.S. District Court for the Southern District of California (admitted pro hac vice). The issue presented to the jury was whether a toaster oven distributed by the firm’s client contained a manufacturing defect that caused a house fire.

Jerome & Patricia Burke and Mid-Century Insurance Co. v. OmegaFlex Inc. Obtained dismissal of multimillion-dollar product liability lawsuit filed against OmegaFlex in Circuit Court for Spotsylvania County, VA (admitted pro hac vice) after submission of plea in bar motion and bench trial.

Greenwood v. General Electric Co. Obtained summary judgment and complete dismissal of lawsuit filed against General Electric in New York State Supreme Court, Bronx County. The motion was granted after it was shown that plaintiff lacked sufficient evidence to establish a prima facie claim of strict product liability against GE. 

Supervise and coordinate the defense of a foreign manufacturer of consumer electronic products in product liability matters pending in the United States and Canada.

Defended a Canadian manufacturer of a double-hung window in a product liability claim brought in New York State Supreme Court, Nassau County, ultimately obtaining summary judgment on behalf of the manufacturer. Plaintiff sought seven-figure damages for injuries allegedly caused by a window sash that fell out of its frame and struck her in the head.

Arbitrated a business interruption coverage claim on behalf of an insurance carrier client brought by an insured that sold and serviced copy machines throughout New York City. The case arose out of the 2001 destruction of the World Trade Center and was arbitrated before 9-11 victims’ fund special master Kenneth Feinberg.

Representative Matters

DeMicco Granted Summary Judgment on Lack of Personal Jurisdiction over Client

Garden City, New York, partner Thomas DeMicco secured summary judgment for lack of personal jurisdiction on behalf of a major international hotel chain client in an action filed in the New York State Supreme Court, Jefferson County. The plaintiff claimed to have suffered injuries after an alleged slip-and-fall accident at the client’s resort and casino located in Aruba. A motion for summary judgment was filed at the outset of the case, before discovery was exchanged, on the grounds that the court lacked personal jurisdiction over our client since the client’s limited contacts with the state of New York did not give rise to the cause of action. The plaintiff’s alleged accident and resulting injuries all occurred in Aruba. The client is a Delaware corporation with its headquarters in Maryland. The only connection with New York was the fact that the plaintiff resided in New York. Following a hearing before the Hon. James McClusky, the court returned a decision on the motion, granting summary judgment in favor of our client and dismissing the plaintiff’s Complaint. Law clerk Amanda Rangasammy assisted in the preparation of the brief and supporting motion papers.  

Thomas M. DeMicco

Firm Highlights

Client Wins
Donovan and Gallo Secure Favorable Defense Verdict in High-Stakes Product Liability Case
John Donovan (Partner-Philadelphia, PA) and Joseph Gallo (Associate-Philadelphia, PA) obtained a favorable defense verdict in a product liability case following a six-day federal jury trial in the U.S. District Court, Middle District of Pennsylvania (Williamsport Division) on behalf of Wilson Elser’s client, a net and rope manufacturer. The plaintiffs, an assistant high school baseball coach and his wife, alleged that the coach permanently lost the use of his right eye and suffered psychological injuries after being struck by a batted ball during a baseball practice. The plaintiff claimed the L-screen batting net failed, allowing the ball to pass through it. John and Joe argued that the plaintiff knowingly used the net despite prior visible damage. While the jury found our client’s product defective under strict liability, it also assigned the plaintiff 40% comparative negligence on the negligence claims. The damages ultimately awarded to the plaintiff were just $242,634, an amount significantly less than prior offers made during negotiations and less than 10 percent of the plaintiff’s lowest demand during litigation. The damages award was also significantly less than the outstanding workers’ compensation lien and outstanding and future medical bills. The plaintiff’s counsel filed post-trial motions on a variety of issues, including the low damage award. However, by Order, the court denied all the post-trial motions and ordered a hearing on the plaintiff’s counsel’s use of citations generated by “AI” in his post-trial brief.
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Publications
An Update on Virginia’s Medical Malpractice Reporting Bill
A prior analysis examined the Virginia legislature’s rejection of a sweeping proposal to overhaul the state’s medical malpractice damages cap. That proposal would have doubled the cap from $3 million to $6 million, allowed prejudgment interest, expanded the statute of limitations, and imposed new insurance requirements on nursing homes. Instead, the legislature passed a narrower, reconciled version of Senate Bill 536 that left the existing damages cap schedule under Virginia Code § 8.01-581.15 untouched but created a new reporting framework requiring commercial insurers and self-insured hospitals to disclose detailed malpractice claims data to legislative leaders. At the time of publication, the reconciled bill had been sent to Governor Spanberger, who had until April 13 to sign, veto, or propose amendments.  Rather than sign or veto the reconciled bill, Governor Spanberger returned it to the legislature on April 12, 2026, with a set of proposed amendments that reshaped several key aspects of the reporting framework. On April 22, the amended reconciled bill was enacted, with an effective date of July 1, 2026. Bottom Line for Virginia Healthcare Entities The medical malpractice damages cap remains unchanged, but a new reporting law takes effect on July 1, 2026, with an initial disclosure deadline of October 1, 2026. The governor’s amendments broadened who must report, redirected all disclosures through the Bureau of Insurance (the “Bureau”), strengthened confidentiality protections, and eliminated the most sensitive reporting metric. However, it also expanded the scope of the law beyond hospitals to reach a wider range of healthcare entities.  Key Changes Under the Enacted Law Expanded Scope of Reporting Entities Unlike the original bill that applied to only hospitals or health systems licensed under Virginia Code § 32.1-123 that self insure or maintain retained-risk arrangements, the enacted law applies to every “medical care facility, as defined in § 32.1-3, or other health care provider” that maintains self insurance, captive insurance, risk retention arrangements, or other retained financial risk. As a result, Virginia healthcare entities that did not consider themselves subject to the original bill should assess whether they now fall within the enacted law’s broader reach. Elimination of the Revenue-Percentage Metric The original bill required self-insured hospitals to disclose total malpractice liability expenditures expressed as a percentage of the hospital’s total patient service revenue. The enacted law eliminates this requirement, leaving three categories of disclosure: (1) the number of covered physicians and providers, (2) claims activity, and (3) malpractice expenditures. This is a meaningful change. The revenue-percentage metric would have provided a uniquely revealing window into each hospital’s financial exposure relative to its operations. Anti-Duplication Provision The enacted law adds a practical provision to prevent duplicative reporting: a healthcare provider is not required to report information that has already been included in a report submitted by the entity providing its self insurance, captive insurance, or risk retention coverage. In other words, if a hospital system’s captive insurer files the required disclosures, individual hospitals covered by that program need not file separate, duplicative reports. Hospitals should confirm with their insurers or risk retention groups whether coverage-level reporting will satisfy their individual obligations. New Insurer Disclosure Requirement For commercial insurers, the enacted law adds a requirement not found in the original bill: insurers must now disclose the identity of the named insureds under their medical malpractice policies. Hospitals insured by commercial carriers should be aware that their identity as a named insured will be part of the insurer’s disclosure to the Bureau. Centralization Through the Bureau of Insurance Perhaps the most structurally significant change involves where disclosures are submitted and how they are processed. The original bill directed all reporting to the chairs and ranking minority members of the House and Senate Committees for Courts of Justice, with the Clerks of each chamber making the information publicly available on the General Assembly’s website. The enacted law redirects this entire process through the State Corporation Commission’s Bureau. Disclosures must now be submitted to the Bureau in a uniform format that it prescribes that is consistent with the format of claim-reporting requirements already established under Virginia Code § 38.2-2228.2. The Bureau is responsible for compiling and analyzing the data, preparing an aggregate summary report, and submitting that report to the legislative committee leaders. Importantly, the Bureau’s aggregate report (not the raw disclosures) is what will be made publicly available on the General Assembly’s website. This is a significant structural improvement and reduces the risk of raw data being taken out of context or used selectively in public debate. Comparison by Size, Region, and Facility Type The enacted law directs the Bureau to present data, to the extent practicable, “in a manner that allows comparison among healthcare providers by size, region, or type of facility,” using anonymized or de-identified formats. While the law prohibits identifying any individual provider, hospitals should be aware that comparisons by size, region, or facility type could narrow the field enough to make identification possible as a practical matter. This provision warrants careful attention when preparing disclosures. Strengthened Confidentiality Protections The original bill stated broadly that disclosures would be confidential and exempt from the Virginia Freedom of Information Act except in aggregate form. The enacted law replaces this with a more detailed and protective mechanism. Reporting entities may designate specific data as confidential proprietary information upon submission, provided they: (i) invoke the exclusion in writing, (ii) identify the protected material, and (iii) state the reason protection is necessary. Information properly designated as confidential will be protected from subpoena responses and public inspection. Officer Certification Requirement Disclosures must be “certified as accurate and complete by an officer of the reporting entity.” This places personal responsibility on a hospital officer for the accuracy of the filing.  Extended Initial Deadline The original bill set the first disclosure deadline as September 1, 2026. The enacted law extends this to October 1, 2026. Subsequent annual disclosures remain due on or before March 31 of each year for the preceding calendar year. Verdicts Exceeding the Cap Both the original and enacted versions require all reporting entities to submit a list of verdicts exceeding the statutory cap. Each entry must include the verdict amount, the amount recoverable after application of the cap, and the year the cause of action accrued. No personally-identifiable information may be disclosed. This provision is clearly designed to build a public record demonstrating the gap between what juries award and what plaintiffs can recover. Automatic Sunset Both versions contain the same expiration mechanism: the reporting requirements expire upon the effective date of any future legislation establishing a new limitation on recovery for medical malpractice actions. This confirms the legislative intent that the reporting framework is a temporary, data-gathering tool designed to inform future changes to the cap. Strategic Implications Virginia’s medical malpractice damages cap is intact but is under active review, and the data collected under this new law will fuel the next round of legislative efforts to increase it. With the October 1, 2026 initial deadline approaching, Virginia hospitals and healthcare entities should consider taking the following steps: 1) determine whether an institution falls within the enacted law’s expanded definition of “medical care facility” or “other healthcare provider;” 2) coordinate the production of the required materials with insurers or risk retention groups; 3) compile the necessary information for disclosure; 4) identify and designate confidential proprietary information; 5) designate a certifying officer; 6) monitor the Bureau’s prescribed format; and 7) prepare for future debates on raising the medical malpractice damages cap.
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Publications
The Cannabis Industry’s “Big Tobacco” Moment: What Insurers Need to Know About Murray v. Cresco
A massive 320-page class action complaint filed on May 4, 2026, in the U.S. District Court for the Northern District of Illinois has the attention of the cannabis sector. The insurance professionals who underwrite it should also be paying close attention. The case, Murray et al. v. Cresco Labs Inc. et al., represents the most ambitious legal assault yet on the marketing practices of major cannabis multistate operators (MSOs). The complaint makes explicit comparisons to the litigation playbook against “Big Tobacco” in the 1990s. With claims across 12 states and spanning allegations of Racketeer Influenced and Corrupt Organizations (RICO), consumer fraud, breach of warranty, negligent misrepresentation and more, this lawsuit signals a new era of litigation risk that could reshape how cannabis companies are underwritten and insured. What the Case is About Murray v. Cresco is a consumer class action brought by more than 40 named plaintiffs on behalf of recreational cannabis purchasers in Arizona, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Rhode Island, and Virginia. The defendants are three of the nation's largest cannabis MSOs: Cresco Labs Inc., Green Thumb Industries Inc. and Verano Holdings Corp. Each defendant is a vertically-integrated cannabis operator, meaning they cultivate, process, distribute and sell cannabis products under a portfolio of consumer-facing brands. Cresco sells under brands like Sunnyside, High Supply, FloraCal, and Wonder Wellness; Green Thumb uses brands like Rhythm, Dogwalkers, Good Green and Rise; Verano operates under Zen Leaf, Encore Edibles, BITS and Cabbage Club, among others. The case was filed under the Class Action Fairness Act (CAFA) in the Northern District of Illinois, the location of the defendants’ principal places of business. The complaint explicitly carves out claims related to physician-prescribed medical cannabis, focusing solely on adult-use purchases. A companion case targeting Curaleaf Holdings was filed the same day in the District of Connecticut. The Central Narrative Plaintiffs allege that the defendants knew, or should have known, that cannabis products pose serious mental and physical health risks, yet chose to market those same products as safe, therapeutic, and even medicinal. The complaint paints a picture of an industry that borrowed from Big Tobacco's playbook, allegedly sponsoring less-than-rigorous research to generate consumer friendly health claims while burying the mounting scientific evidence of harm. As the complaint puts it, the defendants “deceptively marketed cannabis as medicine capable of alleviating or treating the very mental health disorders” they “knew or should have known were caused or exacerbated by the use of their products.” The Liability Theories The core liability theory is the federal RICO cause of action. The plaintiffs allege that the defendants operated an “enterprise” engaged in a pattern of racketeering activity, including dealing in controlled substances illegal under federal law, mail fraud, wire fraud, and monetary transactions in criminally derived property. The RICO claim is significant because it opens the door to potential treble damages, meaning any actual damages could be tripled, plus attorneys' fees. The U.S. Supreme Court's 2025 decision in Medical Marijuana, Inc. v. Horn confirmed that RICO can apply to economic harms tied to mislabeled cannabis products. The complaint also asserts state-specific consumer protection claims in all 12 states where the representative plaintiffs reside. These include violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, the Michigan Consumer Protection Act, New York's General Business Law Section 349, the Ohio Consumer Sales Practices Act, and analogous statutes in each remaining jurisdiction. Across all states, plaintiffs argued that defendants made affirmative misrepresentations about health benefits while concealing known risks, inducing consumers to purchase products they otherwise would not have bought, or to overpay for them. The complaint further alleges breach of express and implied warranties under each state’s version of the Uniform Commercial Code. By representing their products as treating depression, anxiety, PTSD, pain and other conditions, defendants allegedly created and violated express warranties that the products would perform as described. Implied warranty claims assert that cannabis products marketed as wellness aids were not “fit for the ordinary purposes for which such goods are used.” Finally, negligent misrepresentation claims target the defendants’ alleged failure to exercise reasonable care in communicating health information to consumers. The Health Science at the Heart of the Case The factual backbone of the complaint runs over a hundred pages of citations to various scientific studies and papers. The plaintiffs reference research alleging connections of cannabis use to psychosis, schizophrenia, bipolar disorder, depression, suicidal ideation, and anxiety. The complaint cites a 2025 study finding that states with open recreational dispensaries experienced a 12 percent increase in admissions to state mental health facilities for psychotic disorders. A 2021 Danish study is also referenced for its finding that schizophrenia cases associated with cannabis use disorder increased 300 percent to 400 percent over 20 years as potency doubled. The complaint also cites cardiovascular studies, including a 2025 meta-analysis that reportedly found cannabis use doubled the risk of cardiovascular death and increased stroke risk by 20 percent. Another cited study estimates the odds of heart attack among cannabis users at more than six times higher than non-users. The complaint also highlights prenatal risks, citing a 2025 review linking cannabis use during pregnancy to increased risk of miscarriage, stillbirth, and preterm birth. Cannabis hyperemesis syndrome (CHS) and cannabis use disorder (CUD) are include in the complaint’s litany of health harms. Focus on Industry Awareness The complaint emphasizes that these health risks are not new discoveries. It alleges that the defendants had “actual and constructive knowledge” of these dangers, derived from years of publicly available peer-reviewed studies and governmental advisories, yet “failed to adequately warn their customers.” Instead, plaintiffs contend the defendants went in the opposite direction by marketing cannabis as a remedy for the conditions it allegedly makes worse. The Playbook is Growing The lead attorney in Murray v. Cresco, Patrick Kenneally, is a former Illinois county prosecutor with a track record of taking on cannabis companies. In 2023, he compelled dispensaries in McHenry County, Illinois to post in-store warnings about cannabis-related mental health risks, a first in the country, and to fund a billboard campaign linking cannabis to suicide and schizophrenia. An earlier, similar lawsuit against Verano was dismissed in March 2026, but the new complaint appears broader and more detailed. A spokesperson for Verano told MJBizDaily that the suit “mirrors claims that have been rejected by courts in similar legal actions against multistate operators in the industry earlier this year.” Whether the 320-page complaint overcomes those defenses remains to be seen. Rescheduling Adds Fuel The timing is notable. On April 23, 2026, the Department of Justice issued an order rescheduling state-licensed medical marijuana and FDA-approved cannabis products to Schedule III of the Controlled Substances Act (CSA). Greater federal legitimacy may bring greater legal exposure. Rescheduling is likely to expand market access and raise expectations for product safety and accurate labeling, making negligence and consumer protection claims more likely for compliance lapses. Canada Offers a Preview Canada legalized recreational cannabis nationally in 2018, and its litigation experience since then is instructive. The country has seen a wave of product liability class actions, including Downton v. Organigram Holdings, the first certified cannabis product liability class action in Canada, involving pesticide contamination. Proposed actions have also targeted major Canadian producers over inadequate risk disclosures related to CHS. The pattern is consistent with what now appears to be emerging in the United States – consumer litigation follows the market opening up. Why This Matters for Cannabis Insurers For insurance professionals, Murray v. Cresco crystallizes several risks that the industry has long discussed in the abstract. The case represents a concrete, large-scale litigation event with the potential for enormous exposure. The RICO claim alone, with its treble-damage multiplier, could transform a significant jury verdict into a catastrophic one. Class certification across 12 states would dramatically multiply the defendant pool and the aggregate damages. The underwriting on cannabis product liability has, to date, focused on potential contamination, mislabeling, and the occasional exposure or ingestion-based bodily injury claim. Murray v. Cresco, however, introduces a different species of claim, one rooted in marketing conduct rather than product defect in the traditional sense. Currently, the insurance industry is largely insulated from large consumer class actions like Murray v. Cresco. Many cannabis policies contain broad health-hazard exclusions, which could deny coverage for claims involving specified adverse health effects from cannabis products. Class action exclusions are common, as are exclusions for statutory penalties like treble damages under RICO and state consumer protection awards. RICO-based claims are also vulnerable to criminal-acts exclusions or specific carve-outs for racketeering-related conduct. Coverage Disputes on the Horizon Notwithstanding this insulation, insurers should expect that defendants in cases like Murray will tender claims under their commercial general liability (CGL) policies, products completed operations policies, directors and officers (D&O) policies, and any specialty cannabis coverage they hold. The question of whether deceptive marketing and failure-to-warn allegations fall within a products-completed operations hazard, an advertising injury provision, or some other coverage grant will likely be fiercely contested. What Underwriters Should be Asking Going forward, underwriters writing cannabis risks should scrutinize their insureds' marketing practices with the same focus they currently bring to product testing and labeling. Documented testing integrity, warning protocols, supply-chain oversight, and recall history are all important along with marketing discipline. Policies should be reviewed for RICO and state consumer statute exposure. Underwriters should pay attention to emerging scientific studies on the health effect of cannabis use. Insureds that continue to make unsupported health claims, the kind at the center of Murray v. Cresco, present a different risk profile than those that keep their marketing factual and scientifically supported. Conclusion Murray v. Cresco may or may not succeed on the merits. Defendants will raise formidable challenges, including preemption arguments, standing issues, the difficulty of class certification across a dozen state consumer-protection regimes, causation defenses and the still-evolving science around cannabis and health. But the complaint’s sheer scale, its RICO backbone, and its explicit comparisons to Big Tobacco litigation signal that the era of treating cannabis product liability as a hypothetical future risk is over. For insurers and their cannabis policyholders, the takeaway is practical and immediate. Marketing claims are now a front-line litigation target, and the industry needs to treat them accordingly. Risk-mitigation programs should include compliance audits of all consumer-facing health claims, robust product warnings modeled on the warnings that accompany over-the-counter medical products, and honest internal assessments of what the science supports. Meanwhile, insurers should be reviewing policy language to understand their own exposure in the event that lawsuits like this one multiply. This article was published in the May 18, 2026, posting of Insurance Journal.
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Events
Drafting a Defensible Insurance Coverage Letter: Best Practices for Insurers and Coverage Counsel
Richard W. Boone Jr. (Partner-New York, NY) will offer a practical roadmap for drafting coverage letters that clearly articulate the insurer's position, comply with regulatory requirements, preserve defenses, and withstand judicial scrutiny. Designed for both insurance professionals and coverage attorneys, Richard’s presentation will draw on real-world claims-handling experience and case law from multiple jurisdictions to address common pitfalls that lead to waiver, estoppel, and bad-faith exposure. Attendees will learn how to conduct a thorough coverage analysis, from insuring agreements through exclusions, conditions, and endorsements, and how to produce clear, persuasive, and defensible coverage correspondence that serves both the insurer's interests and the insured's right to a good-faith coverage determination.
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News
Greco Appointed to Florida Bar’s Aviation Law Committee
J. Peter Greco (Partner-Orlando, FL) has been appointed by the president-elect of the Florida Bar to serve on the Aviation Law Committee, with his term commencing July 1, 2026. The Aviation Law Committee monitors and analyzes recent developments in aviation law, including legislative and regulatory matters, and keeps bar members informed of significant developments in the field. The committee also maintains liaisons with agencies and various local, state, and federal government authorities involved in aerospace matters, and reviews legislation, regulations, and related policy issues. A significant portion of Pete’s practice focuses on complex aviation litigation. Prior to his legal career, he worked in airfield operations at several commercial service airports, including Orlando (MCO), where he was responsible for safety, security, and regulatory compliance of one of the nation’s busiest airports. Pete is an instrument-rated private pilot and a graduate of Embry-Riddle Aeronautical University; his practical aviation background and industry experience make him a valuable addition to the Aviation Law Committee.
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Events
Insurers' and Insureds’ Perspectives on Current Issues in D&O Liability 2026
Jonathan Meer (Partner-New York, NY) will serve for the 7th consecutive year as program chair of the New York City Bar Association’s Insurers' and Insureds’ Perspectives on Current Issues in D&O Liability 2026. Directors and officers (D&Os) face an increasingly complex and evolving liability landscape across both the for-profit and not-for-profit sectors, including exposure to state law fiduciary duty claims arising from alleged mismanagement and, for public company D&Os, potential liability under the federal securities laws. This half-day program includes panels comprised of professionals, including insurers’ representatives, insureds’ advocates, and plaintiff and defense counsel, providing a balanced perspective on key areas of D&O liability exposure and insurance coverage, an update on U.S. securities litigation and developments in Delaware corporate law, and highlighting D&O best practices and significant changes from 2025 ‒ 2026. Emerging issues are also addressed, none more potentially game-changing than the rapid adoption of artificial intelligence in the workplace, and its impacts on corporate decision-making and the creation of new areas of exposure. Senior Judge Paul G. Gardephe of the U.S. District Court, Southern District of New York, will serve as keynote speaker.
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Events
Labor & Supply Chain Pressures: ADR's Role in Managing Workforce and Material Disruptions
Denise Motta (Of Counsel-Louisville) will be a panelist at the 2026 AAA-ICDR Construction Conference in Marina Del Rey on June 4, 2026. She will join an expert panel of arbitrators/mediators and in-house counsel to discuss the implications of labor and supply chain issues increasingly impacting the construction industry. Denise and her fellow panelists will offer insights into navigating these claims and examine how early mediation, arbitration, and dispute review boards may help parties reach resolutions before disputes escalate.
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Publications
Nevada Supreme Court Rules IME Statute is Unconstitutional
Nevada’s Supreme Court decided in Powers v. Dist. Ct. that NRS 629.620 violated Nevada’s separation of powers and is unconstitutional. This has immediate implications for clients defending traumatic brain injury cases in Nevada. The Decision The statute was sponsored by the local plaintiffs' bar and purported to regulate physical and mental examinations, replacing Nevada Rule of Civil Procedure 35(NRCP). This was a second attempt, as the Supreme Court also deemed an earlier statute, NRS 52.380, unconstitutional for the same reasons. Both statutes upset the balance in tort litigation, violated separation of powers, and negatively affected defendants' ability to defend themselves. Powers also addressed recurring questions concerning neuropsychological examinations. These examinations generate raw data. In practice, courts had ruled this raw data could be exchanged only between the parties’ neuropsychologists. Here, the plaintiff wanted his counsel to have access to the raw data generated from the examination but without the expense of hiring his own neuropsychologist. The Supreme Court concluded “the district court did not abuse its discretion by permitting disclosure of the raw data to Bueno’s counsel, subject to a protective order.” The Court concluded “the generalized fears of some neuropsychologists that nonpsychologists, if they are provided raw data, will violate protective orders, misuse the tests and irreparably compromise the validity of future testing, is not sufficient” to support further, narrower restrictions. Finally, Powers addressed the plaintiff’s request to audio record the examination. Applying NRCP 35, “generally, recording is only proper when the court finds special circumstances amounting to good cause for the requests.” These special circumstances “are rare and typically include extreme situations….” The plaintiff’s “generalized fear that the neuropsychologist might distort the test results in front of the jury” was not sufficient. Michael Lowry (Partner-Las Vegas) submitted an amicus brief for Las Vegas Defense Lawyers asserting that NRS 629.620 was unconstitutional. The brief also addressed problems with the district court’s order implementing neuropsychological testing requirements. Implications for Pending Cases First, NRS 629.620 is inapplicable to litigated cases. This restores balance and discretion to the district courts. Removing NRS 629.620 also helps defendants in brain injury cases because the statute made it nearly impossible to obtain a neuropsychological examination. These requests are instead governed by NRCP 35. The Court, however, ruled narrowly and did not address whether NRS 629.620 may be applicable in other scenarios, such as pre-litigation examinations, UM/UIM claims, worker’s compensation claims, and other settings. This may not be the end of this years-long dispute, though. Like after the Supreme Court’s Lyft v. Dist. Ct. decision, NRS 629.620’s supporters might return to the legislature in the coming session and attempt to modify the statute in some way to achieve their goals but not violate separation of powers. Secondarily, though, defendants may still have a difficult time finding neuropsychologists willing to perform examinations. As a result of years of research, the neuropsychological community restricts the raw data generated from testing. It can be provided only to other neuropsychologists for their review. Powers, however, ruled that a party cannot be forced to hire an expert, and the district court adequately addressed the community’s confidentiality concerns by entering a protective order. Powers did not discuss NAC 641.234(3) and (4), which have the effect of expressly prohibiting such disclosure. The result is conflict between the neuropsychologist’s regulatory obligations and the terms of a court’s order. It seems likely this conflict will generate more motion work and writ petitions in future cases.
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Client Wins
Mebuke and Belzer Win Summary Judgment for Building Owner in Premises Liability Matter
Keti Mebuke (Associate-Chicago, IL) and Geoffrey Belzer (Partner-Chicago, IL) secured summary judgment in the Kane County Circuit Court, Illinois, on behalf of Wilson Elser’s client, a building owner, in a premises liability action arising from an alleged slip and fall incident. The plaintiff claimed she sustained injuries after purportedly slipping and falling in her apartment bathroom due to a water leak. Keti and Geoffrey moved for summary judgment on multiple independent grounds, arguing that (1) the owner owed no duty to the plaintiff because it neither possessed nor controlled the subject premises; (2) the owner lacked actual or constructive notice of the alleged water condition; and (3) the alleged condition in the plaintiff’s bathroom constituted an open and obvious danger as a matter of law. The court agreed and granted summary judgment in the client’s favor, finding no genuine issue of material fact.
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News
Wilkinson Named to 2026 Pennsylvania Super Lawyers List
Philadelphia, Pennsylvania, Senior Counsel Kathleen D. Wilkinson has been named to the 2026 Pennsylvania Super Lawyers® list in the Construction Litigation category. Kathleen was also named to this list in 2006 ‒ 2007, and again from 2009 through 2025. 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. This prestigious recognition is published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country. No more than 2.5 percent of the lawyers in the state are named to the Super Lawyers lists.
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Publications
The Cannabis Industry’s “Big Tobacco” Moment: What Insurers Need to Know About Murray v. Cresco
A massive 320-page class action complaint filed on May 4, 2026, in the U.S. District Court for the Northern District of Illinois has the attention of the cannabis sector. The insurance professionals who underwrite it should also be paying close attention. The case, Murray et al. v. Cresco Labs Inc. et al., represents the most ambitious legal assault yet on the marketing practices of major cannabis multistate operators (MSOs). The complaint makes explicit comparisons to the litigation playbook against “Big Tobacco” in the 1990s. With claims across 12 states and spanning allegations of Racketeer Influenced and Corrupt Organizations (RICO), consumer fraud, breach of warranty, negligent misrepresentation and more, this lawsuit signals a new era of litigation risk that could reshape how cannabis companies are underwritten and insured. What the Case is About Murray v. Cresco is a consumer class action brought by more than 40 named plaintiffs on behalf of recreational cannabis purchasers in Arizona, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Rhode Island, and Virginia. The defendants are three of the nation's largest cannabis MSOs: Cresco Labs Inc., Green Thumb Industries Inc. and Verano Holdings Corp. Each defendant is a vertically-integrated cannabis operator, meaning they cultivate, process, distribute and sell cannabis products under a portfolio of consumer-facing brands. Cresco sells under brands like Sunnyside, High Supply, FloraCal, and Wonder Wellness; Green Thumb uses brands like Rhythm, Dogwalkers, Good Green and Rise; Verano operates under Zen Leaf, Encore Edibles, BITS and Cabbage Club, among others. The case was filed under the Class Action Fairness Act (CAFA) in the Northern District of Illinois, the location of the defendants’ principal places of business. The complaint explicitly carves out claims related to physician-prescribed medical cannabis, focusing solely on adult-use purchases. A companion case targeting Curaleaf Holdings was filed the same day in the District of Connecticut. The Central Narrative Plaintiffs allege that the defendants knew, or should have known, that cannabis products pose serious mental and physical health risks, yet chose to market those same products as safe, therapeutic, and even medicinal. The complaint paints a picture of an industry that borrowed from Big Tobacco's playbook, allegedly sponsoring less-than-rigorous research to generate consumer friendly health claims while burying the mounting scientific evidence of harm. As the complaint puts it, the defendants “deceptively marketed cannabis as medicine capable of alleviating or treating the very mental health disorders” they “knew or should have known were caused or exacerbated by the use of their products.” The Liability Theories The core liability theory is the federal RICO cause of action. The plaintiffs allege that the defendants operated an “enterprise” engaged in a pattern of racketeering activity, including dealing in controlled substances illegal under federal law, mail fraud, wire fraud, and monetary transactions in criminally derived property. The RICO claim is significant because it opens the door to potential treble damages, meaning any actual damages could be tripled, plus attorneys' fees. The U.S. Supreme Court's 2025 decision in Medical Marijuana, Inc. v. Horn confirmed that RICO can apply to economic harms tied to mislabeled cannabis products. The complaint also asserts state-specific consumer protection claims in all 12 states where the representative plaintiffs reside. These include violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, the Michigan Consumer Protection Act, New York's General Business Law Section 349, the Ohio Consumer Sales Practices Act, and analogous statutes in each remaining jurisdiction. Across all states, plaintiffs argued that defendants made affirmative misrepresentations about health benefits while concealing known risks, inducing consumers to purchase products they otherwise would not have bought, or to overpay for them. The complaint further alleges breach of express and implied warranties under each state’s version of the Uniform Commercial Code. By representing their products as treating depression, anxiety, PTSD, pain and other conditions, defendants allegedly created and violated express warranties that the products would perform as described. Implied warranty claims assert that cannabis products marketed as wellness aids were not “fit for the ordinary purposes for which such goods are used.” Finally, negligent misrepresentation claims target the defendants’ alleged failure to exercise reasonable care in communicating health information to consumers. The Health Science at the Heart of the Case The factual backbone of the complaint runs over a hundred pages of citations to various scientific studies and papers. The plaintiffs reference research alleging connections of cannabis use to psychosis, schizophrenia, bipolar disorder, depression, suicidal ideation, and anxiety. The complaint cites a 2025 study finding that states with open recreational dispensaries experienced a 12 percent increase in admissions to state mental health facilities for psychotic disorders. A 2021 Danish study is also referenced for its finding that schizophrenia cases associated with cannabis use disorder increased 300 percent to 400 percent over 20 years as potency doubled. The complaint also cites cardiovascular studies, including a 2025 meta-analysis that reportedly found cannabis use doubled the risk of cardiovascular death and increased stroke risk by 20 percent. Another cited study estimates the odds of heart attack among cannabis users at more than six times higher than non-users. The complaint also highlights prenatal risks, citing a 2025 review linking cannabis use during pregnancy to increased risk of miscarriage, stillbirth, and preterm birth. Cannabis hyperemesis syndrome (CHS) and cannabis use disorder (CUD) are include in the complaint’s litany of health harms. Focus on Industry Awareness The complaint emphasizes that these health risks are not new discoveries. It alleges that the defendants had “actual and constructive knowledge” of these dangers, derived from years of publicly available peer-reviewed studies and governmental advisories, yet “failed to adequately warn their customers.” Instead, plaintiffs contend the defendants went in the opposite direction by marketing cannabis as a remedy for the conditions it allegedly makes worse. The Playbook is Growing The lead attorney in Murray v. Cresco, Patrick Kenneally, is a former Illinois county prosecutor with a track record of taking on cannabis companies. In 2023, he compelled dispensaries in McHenry County, Illinois to post in-store warnings about cannabis-related mental health risks, a first in the country, and to fund a billboard campaign linking cannabis to suicide and schizophrenia. An earlier, similar lawsuit against Verano was dismissed in March 2026, but the new complaint appears broader and more detailed. A spokesperson for Verano told MJBizDaily that the suit “mirrors claims that have been rejected by courts in similar legal actions against multistate operators in the industry earlier this year.” Whether the 320-page complaint overcomes those defenses remains to be seen. Rescheduling Adds Fuel The timing is notable. On April 23, 2026, the Department of Justice issued an order rescheduling state-licensed medical marijuana and FDA-approved cannabis products to Schedule III of the Controlled Substances Act (CSA). Greater federal legitimacy may bring greater legal exposure. Rescheduling is likely to expand market access and raise expectations for product safety and accurate labeling, making negligence and consumer protection claims more likely for compliance lapses. Canada Offers a Preview Canada legalized recreational cannabis nationally in 2018, and its litigation experience since then is instructive. The country has seen a wave of product liability class actions, including Downton v. Organigram Holdings, the first certified cannabis product liability class action in Canada, involving pesticide contamination. Proposed actions have also targeted major Canadian producers over inadequate risk disclosures related to CHS. The pattern is consistent with what now appears to be emerging in the United States – consumer litigation follows the market opening up. Why This Matters for Cannabis Insurers For insurance professionals, Murray v. Cresco crystallizes several risks that the industry has long discussed in the abstract. The case represents a concrete, large-scale litigation event with the potential for enormous exposure. The RICO claim alone, with its treble-damage multiplier, could transform a significant jury verdict into a catastrophic one. Class certification across 12 states would dramatically multiply the defendant pool and the aggregate damages. The underwriting on cannabis product liability has, to date, focused on potential contamination, mislabeling, and the occasional exposure or ingestion-based bodily injury claim. Murray v. Cresco, however, introduces a different species of claim, one rooted in marketing conduct rather than product defect in the traditional sense. Currently, the insurance industry is largely insulated from large consumer class actions like Murray v. Cresco. Many cannabis policies contain broad health-hazard exclusions, which could deny coverage for claims involving specified adverse health effects from cannabis products. Class action exclusions are common, as are exclusions for statutory penalties like treble damages under RICO and state consumer protection awards. RICO-based claims are also vulnerable to criminal-acts exclusions or specific carve-outs for racketeering-related conduct. Coverage Disputes on the Horizon Notwithstanding this insulation, insurers should expect that defendants in cases like Murray will tender claims under their commercial general liability (CGL) policies, products completed operations policies, directors and officers (D&O) policies, and any specialty cannabis coverage they hold. The question of whether deceptive marketing and failure-to-warn allegations fall within a products-completed operations hazard, an advertising injury provision, or some other coverage grant will likely be fiercely contested. What Underwriters Should be Asking Going forward, underwriters writing cannabis risks should scrutinize their insureds' marketing practices with the same focus they currently bring to product testing and labeling. Documented testing integrity, warning protocols, supply-chain oversight, and recall history are all important along with marketing discipline. Policies should be reviewed for RICO and state consumer statute exposure. Underwriters should pay attention to emerging scientific studies on the health effect of cannabis use. Insureds that continue to make unsupported health claims, the kind at the center of Murray v. Cresco, present a different risk profile than those that keep their marketing factual and scientifically supported. Conclusion Murray v. Cresco may or may not succeed on the merits. Defendants will raise formidable challenges, including preemption arguments, standing issues, the difficulty of class certification across a dozen state consumer-protection regimes, causation defenses and the still-evolving science around cannabis and health. But the complaint’s sheer scale, its RICO backbone, and its explicit comparisons to Big Tobacco litigation signal that the era of treating cannabis product liability as a hypothetical future risk is over. For insurers and their cannabis policyholders, the takeaway is practical and immediate. Marketing claims are now a front-line litigation target, and the industry needs to treat them accordingly. Risk-mitigation programs should include compliance audits of all consumer-facing health claims, robust product warnings modeled on the warnings that accompany over-the-counter medical products, and honest internal assessments of what the science supports. Meanwhile, insurers should be reviewing policy language to understand their own exposure in the event that lawsuits like this one multiply. This article was published in the May 18, 2026, posting of Insurance Journal.
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Publications
An Update on Virginia’s Medical Malpractice Reporting Bill
A prior analysis examined the Virginia legislature’s rejection of a sweeping proposal to overhaul the state’s medical malpractice damages cap. That proposal would have doubled the cap from $3 million to $6 million, allowed prejudgment interest, expanded the statute of limitations, and imposed new insurance requirements on nursing homes. Instead, the legislature passed a narrower, reconciled version of Senate Bill 536 that left the existing damages cap schedule under Virginia Code § 8.01-581.15 untouched but created a new reporting framework requiring commercial insurers and self-insured hospitals to disclose detailed malpractice claims data to legislative leaders. At the time of publication, the reconciled bill had been sent to Governor Spanberger, who had until April 13 to sign, veto, or propose amendments.  Rather than sign or veto the reconciled bill, Governor Spanberger returned it to the legislature on April 12, 2026, with a set of proposed amendments that reshaped several key aspects of the reporting framework. On April 22, the amended reconciled bill was enacted, with an effective date of July 1, 2026. Bottom Line for Virginia Healthcare Entities The medical malpractice damages cap remains unchanged, but a new reporting law takes effect on July 1, 2026, with an initial disclosure deadline of October 1, 2026. The governor’s amendments broadened who must report, redirected all disclosures through the Bureau of Insurance (the “Bureau”), strengthened confidentiality protections, and eliminated the most sensitive reporting metric. However, it also expanded the scope of the law beyond hospitals to reach a wider range of healthcare entities.  Key Changes Under the Enacted Law Expanded Scope of Reporting Entities Unlike the original bill that applied to only hospitals or health systems licensed under Virginia Code § 32.1-123 that self insure or maintain retained-risk arrangements, the enacted law applies to every “medical care facility, as defined in § 32.1-3, or other health care provider” that maintains self insurance, captive insurance, risk retention arrangements, or other retained financial risk. As a result, Virginia healthcare entities that did not consider themselves subject to the original bill should assess whether they now fall within the enacted law’s broader reach. Elimination of the Revenue-Percentage Metric The original bill required self-insured hospitals to disclose total malpractice liability expenditures expressed as a percentage of the hospital’s total patient service revenue. The enacted law eliminates this requirement, leaving three categories of disclosure: (1) the number of covered physicians and providers, (2) claims activity, and (3) malpractice expenditures. This is a meaningful change. The revenue-percentage metric would have provided a uniquely revealing window into each hospital’s financial exposure relative to its operations. Anti-Duplication Provision The enacted law adds a practical provision to prevent duplicative reporting: a healthcare provider is not required to report information that has already been included in a report submitted by the entity providing its self insurance, captive insurance, or risk retention coverage. In other words, if a hospital system’s captive insurer files the required disclosures, individual hospitals covered by that program need not file separate, duplicative reports. Hospitals should confirm with their insurers or risk retention groups whether coverage-level reporting will satisfy their individual obligations. New Insurer Disclosure Requirement For commercial insurers, the enacted law adds a requirement not found in the original bill: insurers must now disclose the identity of the named insureds under their medical malpractice policies. Hospitals insured by commercial carriers should be aware that their identity as a named insured will be part of the insurer’s disclosure to the Bureau. Centralization Through the Bureau of Insurance Perhaps the most structurally significant change involves where disclosures are submitted and how they are processed. The original bill directed all reporting to the chairs and ranking minority members of the House and Senate Committees for Courts of Justice, with the Clerks of each chamber making the information publicly available on the General Assembly’s website. The enacted law redirects this entire process through the State Corporation Commission’s Bureau. Disclosures must now be submitted to the Bureau in a uniform format that it prescribes that is consistent with the format of claim-reporting requirements already established under Virginia Code § 38.2-2228.2. The Bureau is responsible for compiling and analyzing the data, preparing an aggregate summary report, and submitting that report to the legislative committee leaders. Importantly, the Bureau’s aggregate report (not the raw disclosures) is what will be made publicly available on the General Assembly’s website. This is a significant structural improvement and reduces the risk of raw data being taken out of context or used selectively in public debate. Comparison by Size, Region, and Facility Type The enacted law directs the Bureau to present data, to the extent practicable, “in a manner that allows comparison among healthcare providers by size, region, or type of facility,” using anonymized or de-identified formats. While the law prohibits identifying any individual provider, hospitals should be aware that comparisons by size, region, or facility type could narrow the field enough to make identification possible as a practical matter. This provision warrants careful attention when preparing disclosures. Strengthened Confidentiality Protections The original bill stated broadly that disclosures would be confidential and exempt from the Virginia Freedom of Information Act except in aggregate form. The enacted law replaces this with a more detailed and protective mechanism. Reporting entities may designate specific data as confidential proprietary information upon submission, provided they: (i) invoke the exclusion in writing, (ii) identify the protected material, and (iii) state the reason protection is necessary. Information properly designated as confidential will be protected from subpoena responses and public inspection. Officer Certification Requirement Disclosures must be “certified as accurate and complete by an officer of the reporting entity.” This places personal responsibility on a hospital officer for the accuracy of the filing.  Extended Initial Deadline The original bill set the first disclosure deadline as September 1, 2026. The enacted law extends this to October 1, 2026. Subsequent annual disclosures remain due on or before March 31 of each year for the preceding calendar year. Verdicts Exceeding the Cap Both the original and enacted versions require all reporting entities to submit a list of verdicts exceeding the statutory cap. Each entry must include the verdict amount, the amount recoverable after application of the cap, and the year the cause of action accrued. No personally-identifiable information may be disclosed. This provision is clearly designed to build a public record demonstrating the gap between what juries award and what plaintiffs can recover. Automatic Sunset Both versions contain the same expiration mechanism: the reporting requirements expire upon the effective date of any future legislation establishing a new limitation on recovery for medical malpractice actions. This confirms the legislative intent that the reporting framework is a temporary, data-gathering tool designed to inform future changes to the cap. Strategic Implications Virginia’s medical malpractice damages cap is intact but is under active review, and the data collected under this new law will fuel the next round of legislative efforts to increase it. With the October 1, 2026 initial deadline approaching, Virginia hospitals and healthcare entities should consider taking the following steps: 1) determine whether an institution falls within the enacted law’s expanded definition of “medical care facility” or “other healthcare provider;” 2) coordinate the production of the required materials with insurers or risk retention groups; 3) compile the necessary information for disclosure; 4) identify and designate confidential proprietary information; 5) designate a certifying officer; 6) monitor the Bureau’s prescribed format; and 7) prepare for future debates on raising the medical malpractice damages cap.
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Client Wins
Donovan and Gallo Secure Favorable Defense Verdict in High-Stakes Product Liability Case
John Donovan (Partner-Philadelphia, PA) and Joseph Gallo (Associate-Philadelphia, PA) obtained a favorable defense verdict in a product liability case following a six-day federal jury trial in the U.S. District Court, Middle District of Pennsylvania (Williamsport Division) on behalf of Wilson Elser’s client, a net and rope manufacturer. The plaintiffs, an assistant high school baseball coach and his wife, alleged that the coach permanently lost the use of his right eye and suffered psychological injuries after being struck by a batted ball during a baseball practice. The plaintiff claimed the L-screen batting net failed, allowing the ball to pass through it. John and Joe argued that the plaintiff knowingly used the net despite prior visible damage. While the jury found our client’s product defective under strict liability, it also assigned the plaintiff 40% comparative negligence on the negligence claims. The damages ultimately awarded to the plaintiff were just $242,634, an amount significantly less than prior offers made during negotiations and less than 10 percent of the plaintiff’s lowest demand during litigation. The damages award was also significantly less than the outstanding workers’ compensation lien and outstanding and future medical bills. The plaintiff’s counsel filed post-trial motions on a variety of issues, including the low damage award. However, by Order, the court denied all the post-trial motions and ordered a hearing on the plaintiff’s counsel’s use of citations generated by “AI” in his post-trial brief.
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Events
Drafting a Defensible Insurance Coverage Letter: Best Practices for Insurers and Coverage Counsel
Richard W. Boone Jr. (Partner-New York, NY) will offer a practical roadmap for drafting coverage letters that clearly articulate the insurer's position, comply with regulatory requirements, preserve defenses, and withstand judicial scrutiny. Designed for both insurance professionals and coverage attorneys, Richard’s presentation will draw on real-world claims-handling experience and case law from multiple jurisdictions to address common pitfalls that lead to waiver, estoppel, and bad-faith exposure. Attendees will learn how to conduct a thorough coverage analysis, from insuring agreements through exclusions, conditions, and endorsements, and how to produce clear, persuasive, and defensible coverage correspondence that serves both the insurer's interests and the insured's right to a good-faith coverage determination.
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News
Greco Appointed to Florida Bar’s Aviation Law Committee
J. Peter Greco (Partner-Orlando, FL) has been appointed by the president-elect of the Florida Bar to serve on the Aviation Law Committee, with his term commencing July 1, 2026. The Aviation Law Committee monitors and analyzes recent developments in aviation law, including legislative and regulatory matters, and keeps bar members informed of significant developments in the field. The committee also maintains liaisons with agencies and various local, state, and federal government authorities involved in aerospace matters, and reviews legislation, regulations, and related policy issues. A significant portion of Pete’s practice focuses on complex aviation litigation. Prior to his legal career, he worked in airfield operations at several commercial service airports, including Orlando (MCO), where he was responsible for safety, security, and regulatory compliance of one of the nation’s busiest airports. Pete is an instrument-rated private pilot and a graduate of Embry-Riddle Aeronautical University; his practical aviation background and industry experience make him a valuable addition to the Aviation Law Committee.
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Events
Insurers' and Insureds’ Perspectives on Current Issues in D&O Liability 2026
Jonathan Meer (Partner-New York, NY) will serve for the 7th consecutive year as program chair of the New York City Bar Association’s Insurers' and Insureds’ Perspectives on Current Issues in D&O Liability 2026. Directors and officers (D&Os) face an increasingly complex and evolving liability landscape across both the for-profit and not-for-profit sectors, including exposure to state law fiduciary duty claims arising from alleged mismanagement and, for public company D&Os, potential liability under the federal securities laws. This half-day program includes panels comprised of professionals, including insurers’ representatives, insureds’ advocates, and plaintiff and defense counsel, providing a balanced perspective on key areas of D&O liability exposure and insurance coverage, an update on U.S. securities litigation and developments in Delaware corporate law, and highlighting D&O best practices and significant changes from 2025 ‒ 2026. Emerging issues are also addressed, none more potentially game-changing than the rapid adoption of artificial intelligence in the workplace, and its impacts on corporate decision-making and the creation of new areas of exposure. Senior Judge Paul G. Gardephe of the U.S. District Court, Southern District of New York, will serve as keynote speaker.
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Events
Labor & Supply Chain Pressures: ADR's Role in Managing Workforce and Material Disruptions
Denise Motta (Of Counsel-Louisville) will be a panelist at the 2026 AAA-ICDR Construction Conference in Marina Del Rey on June 4, 2026. She will join an expert panel of arbitrators/mediators and in-house counsel to discuss the implications of labor and supply chain issues increasingly impacting the construction industry. Denise and her fellow panelists will offer insights into navigating these claims and examine how early mediation, arbitration, and dispute review boards may help parties reach resolutions before disputes escalate.
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Publications
Nevada Supreme Court Rules IME Statute is Unconstitutional
Nevada’s Supreme Court decided in Powers v. Dist. Ct. that NRS 629.620 violated Nevada’s separation of powers and is unconstitutional. This has immediate implications for clients defending traumatic brain injury cases in Nevada. The Decision The statute was sponsored by the local plaintiffs' bar and purported to regulate physical and mental examinations, replacing Nevada Rule of Civil Procedure 35(NRCP). This was a second attempt, as the Supreme Court also deemed an earlier statute, NRS 52.380, unconstitutional for the same reasons. Both statutes upset the balance in tort litigation, violated separation of powers, and negatively affected defendants' ability to defend themselves. Powers also addressed recurring questions concerning neuropsychological examinations. These examinations generate raw data. In practice, courts had ruled this raw data could be exchanged only between the parties’ neuropsychologists. Here, the plaintiff wanted his counsel to have access to the raw data generated from the examination but without the expense of hiring his own neuropsychologist. The Supreme Court concluded “the district court did not abuse its discretion by permitting disclosure of the raw data to Bueno’s counsel, subject to a protective order.” The Court concluded “the generalized fears of some neuropsychologists that nonpsychologists, if they are provided raw data, will violate protective orders, misuse the tests and irreparably compromise the validity of future testing, is not sufficient” to support further, narrower restrictions. Finally, Powers addressed the plaintiff’s request to audio record the examination. Applying NRCP 35, “generally, recording is only proper when the court finds special circumstances amounting to good cause for the requests.” These special circumstances “are rare and typically include extreme situations….” The plaintiff’s “generalized fear that the neuropsychologist might distort the test results in front of the jury” was not sufficient. Michael Lowry (Partner-Las Vegas) submitted an amicus brief for Las Vegas Defense Lawyers asserting that NRS 629.620 was unconstitutional. The brief also addressed problems with the district court’s order implementing neuropsychological testing requirements. Implications for Pending Cases First, NRS 629.620 is inapplicable to litigated cases. This restores balance and discretion to the district courts. Removing NRS 629.620 also helps defendants in brain injury cases because the statute made it nearly impossible to obtain a neuropsychological examination. These requests are instead governed by NRCP 35. The Court, however, ruled narrowly and did not address whether NRS 629.620 may be applicable in other scenarios, such as pre-litigation examinations, UM/UIM claims, worker’s compensation claims, and other settings. This may not be the end of this years-long dispute, though. Like after the Supreme Court’s Lyft v. Dist. Ct. decision, NRS 629.620’s supporters might return to the legislature in the coming session and attempt to modify the statute in some way to achieve their goals but not violate separation of powers. Secondarily, though, defendants may still have a difficult time finding neuropsychologists willing to perform examinations. As a result of years of research, the neuropsychological community restricts the raw data generated from testing. It can be provided only to other neuropsychologists for their review. Powers, however, ruled that a party cannot be forced to hire an expert, and the district court adequately addressed the community’s confidentiality concerns by entering a protective order. Powers did not discuss NAC 641.234(3) and (4), which have the effect of expressly prohibiting such disclosure. The result is conflict between the neuropsychologist’s regulatory obligations and the terms of a court’s order. It seems likely this conflict will generate more motion work and writ petitions in future cases.
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Client Wins
Mebuke and Belzer Win Summary Judgment for Building Owner in Premises Liability Matter
Keti Mebuke (Associate-Chicago, IL) and Geoffrey Belzer (Partner-Chicago, IL) secured summary judgment in the Kane County Circuit Court, Illinois, on behalf of Wilson Elser’s client, a building owner, in a premises liability action arising from an alleged slip and fall incident. The plaintiff claimed she sustained injuries after purportedly slipping and falling in her apartment bathroom due to a water leak. Keti and Geoffrey moved for summary judgment on multiple independent grounds, arguing that (1) the owner owed no duty to the plaintiff because it neither possessed nor controlled the subject premises; (2) the owner lacked actual or constructive notice of the alleged water condition; and (3) the alleged condition in the plaintiff’s bathroom constituted an open and obvious danger as a matter of law. The court agreed and granted summary judgment in the client’s favor, finding no genuine issue of material fact.
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News
Wilkinson Named to 2026 Pennsylvania Super Lawyers List
Philadelphia, Pennsylvania, Senior Counsel Kathleen D. Wilkinson has been named to the 2026 Pennsylvania Super Lawyers® list in the Construction Litigation category. Kathleen was also named to this list in 2006 ‒ 2007, and again from 2009 through 2025. 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. This prestigious recognition is published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country. No more than 2.5 percent of the lawyers in the state are named to the Super Lawyers lists.
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Publications
The Cannabis Industry’s “Big Tobacco” Moment: What Insurers Need to Know About Murray v. Cresco
A massive 320-page class action complaint filed on May 4, 2026, in the U.S. District Court for the Northern District of Illinois has the attention of the cannabis sector. The insurance professionals who underwrite it should also be paying close attention. The case, Murray et al. v. Cresco Labs Inc. et al., represents the most ambitious legal assault yet on the marketing practices of major cannabis multistate operators (MSOs). The complaint makes explicit comparisons to the litigation playbook against “Big Tobacco” in the 1990s. With claims across 12 states and spanning allegations of Racketeer Influenced and Corrupt Organizations (RICO), consumer fraud, breach of warranty, negligent misrepresentation and more, this lawsuit signals a new era of litigation risk that could reshape how cannabis companies are underwritten and insured. What the Case is About Murray v. Cresco is a consumer class action brought by more than 40 named plaintiffs on behalf of recreational cannabis purchasers in Arizona, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Ohio, Rhode Island, and Virginia. The defendants are three of the nation's largest cannabis MSOs: Cresco Labs Inc., Green Thumb Industries Inc. and Verano Holdings Corp. Each defendant is a vertically-integrated cannabis operator, meaning they cultivate, process, distribute and sell cannabis products under a portfolio of consumer-facing brands. Cresco sells under brands like Sunnyside, High Supply, FloraCal, and Wonder Wellness; Green Thumb uses brands like Rhythm, Dogwalkers, Good Green and Rise; Verano operates under Zen Leaf, Encore Edibles, BITS and Cabbage Club, among others. The case was filed under the Class Action Fairness Act (CAFA) in the Northern District of Illinois, the location of the defendants’ principal places of business. The complaint explicitly carves out claims related to physician-prescribed medical cannabis, focusing solely on adult-use purchases. A companion case targeting Curaleaf Holdings was filed the same day in the District of Connecticut. The Central Narrative Plaintiffs allege that the defendants knew, or should have known, that cannabis products pose serious mental and physical health risks, yet chose to market those same products as safe, therapeutic, and even medicinal. The complaint paints a picture of an industry that borrowed from Big Tobacco's playbook, allegedly sponsoring less-than-rigorous research to generate consumer friendly health claims while burying the mounting scientific evidence of harm. As the complaint puts it, the defendants “deceptively marketed cannabis as medicine capable of alleviating or treating the very mental health disorders” they “knew or should have known were caused or exacerbated by the use of their products.” The Liability Theories The core liability theory is the federal RICO cause of action. The plaintiffs allege that the defendants operated an “enterprise” engaged in a pattern of racketeering activity, including dealing in controlled substances illegal under federal law, mail fraud, wire fraud, and monetary transactions in criminally derived property. The RICO claim is significant because it opens the door to potential treble damages, meaning any actual damages could be tripled, plus attorneys' fees. The U.S. Supreme Court's 2025 decision in Medical Marijuana, Inc. v. Horn confirmed that RICO can apply to economic harms tied to mislabeled cannabis products. The complaint also asserts state-specific consumer protection claims in all 12 states where the representative plaintiffs reside. These include violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, the Michigan Consumer Protection Act, New York's General Business Law Section 349, the Ohio Consumer Sales Practices Act, and analogous statutes in each remaining jurisdiction. Across all states, plaintiffs argued that defendants made affirmative misrepresentations about health benefits while concealing known risks, inducing consumers to purchase products they otherwise would not have bought, or to overpay for them. The complaint further alleges breach of express and implied warranties under each state’s version of the Uniform Commercial Code. By representing their products as treating depression, anxiety, PTSD, pain and other conditions, defendants allegedly created and violated express warranties that the products would perform as described. Implied warranty claims assert that cannabis products marketed as wellness aids were not “fit for the ordinary purposes for which such goods are used.” Finally, negligent misrepresentation claims target the defendants’ alleged failure to exercise reasonable care in communicating health information to consumers. The Health Science at the Heart of the Case The factual backbone of the complaint runs over a hundred pages of citations to various scientific studies and papers. The plaintiffs reference research alleging connections of cannabis use to psychosis, schizophrenia, bipolar disorder, depression, suicidal ideation, and anxiety. The complaint cites a 2025 study finding that states with open recreational dispensaries experienced a 12 percent increase in admissions to state mental health facilities for psychotic disorders. A 2021 Danish study is also referenced for its finding that schizophrenia cases associated with cannabis use disorder increased 300 percent to 400 percent over 20 years as potency doubled. The complaint also cites cardiovascular studies, including a 2025 meta-analysis that reportedly found cannabis use doubled the risk of cardiovascular death and increased stroke risk by 20 percent. Another cited study estimates the odds of heart attack among cannabis users at more than six times higher than non-users. The complaint also highlights prenatal risks, citing a 2025 review linking cannabis use during pregnancy to increased risk of miscarriage, stillbirth, and preterm birth. Cannabis hyperemesis syndrome (CHS) and cannabis use disorder (CUD) are include in the complaint’s litany of health harms. Focus on Industry Awareness The complaint emphasizes that these health risks are not new discoveries. It alleges that the defendants had “actual and constructive knowledge” of these dangers, derived from years of publicly available peer-reviewed studies and governmental advisories, yet “failed to adequately warn their customers.” Instead, plaintiffs contend the defendants went in the opposite direction by marketing cannabis as a remedy for the conditions it allegedly makes worse. The Playbook is Growing The lead attorney in Murray v. Cresco, Patrick Kenneally, is a former Illinois county prosecutor with a track record of taking on cannabis companies. In 2023, he compelled dispensaries in McHenry County, Illinois to post in-store warnings about cannabis-related mental health risks, a first in the country, and to fund a billboard campaign linking cannabis to suicide and schizophrenia. An earlier, similar lawsuit against Verano was dismissed in March 2026, but the new complaint appears broader and more detailed. A spokesperson for Verano told MJBizDaily that the suit “mirrors claims that have been rejected by courts in similar legal actions against multistate operators in the industry earlier this year.” Whether the 320-page complaint overcomes those defenses remains to be seen. Rescheduling Adds Fuel The timing is notable. On April 23, 2026, the Department of Justice issued an order rescheduling state-licensed medical marijuana and FDA-approved cannabis products to Schedule III of the Controlled Substances Act (CSA). Greater federal legitimacy may bring greater legal exposure. Rescheduling is likely to expand market access and raise expectations for product safety and accurate labeling, making negligence and consumer protection claims more likely for compliance lapses. Canada Offers a Preview Canada legalized recreational cannabis nationally in 2018, and its litigation experience since then is instructive. The country has seen a wave of product liability class actions, including Downton v. Organigram Holdings, the first certified cannabis product liability class action in Canada, involving pesticide contamination. Proposed actions have also targeted major Canadian producers over inadequate risk disclosures related to CHS. The pattern is consistent with what now appears to be emerging in the United States – consumer litigation follows the market opening up. Why This Matters for Cannabis Insurers For insurance professionals, Murray v. Cresco crystallizes several risks that the industry has long discussed in the abstract. The case represents a concrete, large-scale litigation event with the potential for enormous exposure. The RICO claim alone, with its treble-damage multiplier, could transform a significant jury verdict into a catastrophic one. Class certification across 12 states would dramatically multiply the defendant pool and the aggregate damages. The underwriting on cannabis product liability has, to date, focused on potential contamination, mislabeling, and the occasional exposure or ingestion-based bodily injury claim. Murray v. Cresco, however, introduces a different species of claim, one rooted in marketing conduct rather than product defect in the traditional sense. Currently, the insurance industry is largely insulated from large consumer class actions like Murray v. Cresco. Many cannabis policies contain broad health-hazard exclusions, which could deny coverage for claims involving specified adverse health effects from cannabis products. Class action exclusions are common, as are exclusions for statutory penalties like treble damages under RICO and state consumer protection awards. RICO-based claims are also vulnerable to criminal-acts exclusions or specific carve-outs for racketeering-related conduct. Coverage Disputes on the Horizon Notwithstanding this insulation, insurers should expect that defendants in cases like Murray will tender claims under their commercial general liability (CGL) policies, products completed operations policies, directors and officers (D&O) policies, and any specialty cannabis coverage they hold. The question of whether deceptive marketing and failure-to-warn allegations fall within a products-completed operations hazard, an advertising injury provision, or some other coverage grant will likely be fiercely contested. What Underwriters Should be Asking Going forward, underwriters writing cannabis risks should scrutinize their insureds' marketing practices with the same focus they currently bring to product testing and labeling. Documented testing integrity, warning protocols, supply-chain oversight, and recall history are all important along with marketing discipline. Policies should be reviewed for RICO and state consumer statute exposure. Underwriters should pay attention to emerging scientific studies on the health effect of cannabis use. Insureds that continue to make unsupported health claims, the kind at the center of Murray v. Cresco, present a different risk profile than those that keep their marketing factual and scientifically supported. Conclusion Murray v. Cresco may or may not succeed on the merits. Defendants will raise formidable challenges, including preemption arguments, standing issues, the difficulty of class certification across a dozen state consumer-protection regimes, causation defenses and the still-evolving science around cannabis and health. But the complaint’s sheer scale, its RICO backbone, and its explicit comparisons to Big Tobacco litigation signal that the era of treating cannabis product liability as a hypothetical future risk is over. For insurers and their cannabis policyholders, the takeaway is practical and immediate. Marketing claims are now a front-line litigation target, and the industry needs to treat them accordingly. Risk-mitigation programs should include compliance audits of all consumer-facing health claims, robust product warnings modeled on the warnings that accompany over-the-counter medical products, and honest internal assessments of what the science supports. Meanwhile, insurers should be reviewing policy language to understand their own exposure in the event that lawsuits like this one multiply. This article was published in the May 18, 2026, posting of Insurance Journal.
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Publications
An Update on Virginia’s Medical Malpractice Reporting Bill
A prior analysis examined the Virginia legislature’s rejection of a sweeping proposal to overhaul the state’s medical malpractice damages cap. That proposal would have doubled the cap from $3 million to $6 million, allowed prejudgment interest, expanded the statute of limitations, and imposed new insurance requirements on nursing homes. Instead, the legislature passed a narrower, reconciled version of Senate Bill 536 that left the existing damages cap schedule under Virginia Code § 8.01-581.15 untouched but created a new reporting framework requiring commercial insurers and self-insured hospitals to disclose detailed malpractice claims data to legislative leaders. At the time of publication, the reconciled bill had been sent to Governor Spanberger, who had until April 13 to sign, veto, or propose amendments.  Rather than sign or veto the reconciled bill, Governor Spanberger returned it to the legislature on April 12, 2026, with a set of proposed amendments that reshaped several key aspects of the reporting framework. On April 22, the amended reconciled bill was enacted, with an effective date of July 1, 2026. Bottom Line for Virginia Healthcare Entities The medical malpractice damages cap remains unchanged, but a new reporting law takes effect on July 1, 2026, with an initial disclosure deadline of October 1, 2026. The governor’s amendments broadened who must report, redirected all disclosures through the Bureau of Insurance (the “Bureau”), strengthened confidentiality protections, and eliminated the most sensitive reporting metric. However, it also expanded the scope of the law beyond hospitals to reach a wider range of healthcare entities.  Key Changes Under the Enacted Law Expanded Scope of Reporting Entities Unlike the original bill that applied to only hospitals or health systems licensed under Virginia Code § 32.1-123 that self insure or maintain retained-risk arrangements, the enacted law applies to every “medical care facility, as defined in § 32.1-3, or other health care provider” that maintains self insurance, captive insurance, risk retention arrangements, or other retained financial risk. As a result, Virginia healthcare entities that did not consider themselves subject to the original bill should assess whether they now fall within the enacted law’s broader reach. Elimination of the Revenue-Percentage Metric The original bill required self-insured hospitals to disclose total malpractice liability expenditures expressed as a percentage of the hospital’s total patient service revenue. The enacted law eliminates this requirement, leaving three categories of disclosure: (1) the number of covered physicians and providers, (2) claims activity, and (3) malpractice expenditures. This is a meaningful change. The revenue-percentage metric would have provided a uniquely revealing window into each hospital’s financial exposure relative to its operations. Anti-Duplication Provision The enacted law adds a practical provision to prevent duplicative reporting: a healthcare provider is not required to report information that has already been included in a report submitted by the entity providing its self insurance, captive insurance, or risk retention coverage. In other words, if a hospital system’s captive insurer files the required disclosures, individual hospitals covered by that program need not file separate, duplicative reports. Hospitals should confirm with their insurers or risk retention groups whether coverage-level reporting will satisfy their individual obligations. New Insurer Disclosure Requirement For commercial insurers, the enacted law adds a requirement not found in the original bill: insurers must now disclose the identity of the named insureds under their medical malpractice policies. Hospitals insured by commercial carriers should be aware that their identity as a named insured will be part of the insurer’s disclosure to the Bureau. Centralization Through the Bureau of Insurance Perhaps the most structurally significant change involves where disclosures are submitted and how they are processed. The original bill directed all reporting to the chairs and ranking minority members of the House and Senate Committees for Courts of Justice, with the Clerks of each chamber making the information publicly available on the General Assembly’s website. The enacted law redirects this entire process through the State Corporation Commission’s Bureau. Disclosures must now be submitted to the Bureau in a uniform format that it prescribes that is consistent with the format of claim-reporting requirements already established under Virginia Code § 38.2-2228.2. The Bureau is responsible for compiling and analyzing the data, preparing an aggregate summary report, and submitting that report to the legislative committee leaders. Importantly, the Bureau’s aggregate report (not the raw disclosures) is what will be made publicly available on the General Assembly’s website. This is a significant structural improvement and reduces the risk of raw data being taken out of context or used selectively in public debate. Comparison by Size, Region, and Facility Type The enacted law directs the Bureau to present data, to the extent practicable, “in a manner that allows comparison among healthcare providers by size, region, or type of facility,” using anonymized or de-identified formats. While the law prohibits identifying any individual provider, hospitals should be aware that comparisons by size, region, or facility type could narrow the field enough to make identification possible as a practical matter. This provision warrants careful attention when preparing disclosures. Strengthened Confidentiality Protections The original bill stated broadly that disclosures would be confidential and exempt from the Virginia Freedom of Information Act except in aggregate form. The enacted law replaces this with a more detailed and protective mechanism. Reporting entities may designate specific data as confidential proprietary information upon submission, provided they: (i) invoke the exclusion in writing, (ii) identify the protected material, and (iii) state the reason protection is necessary. Information properly designated as confidential will be protected from subpoena responses and public inspection. Officer Certification Requirement Disclosures must be “certified as accurate and complete by an officer of the reporting entity.” This places personal responsibility on a hospital officer for the accuracy of the filing.  Extended Initial Deadline The original bill set the first disclosure deadline as September 1, 2026. The enacted law extends this to October 1, 2026. Subsequent annual disclosures remain due on or before March 31 of each year for the preceding calendar year. Verdicts Exceeding the Cap Both the original and enacted versions require all reporting entities to submit a list of verdicts exceeding the statutory cap. Each entry must include the verdict amount, the amount recoverable after application of the cap, and the year the cause of action accrued. No personally-identifiable information may be disclosed. This provision is clearly designed to build a public record demonstrating the gap between what juries award and what plaintiffs can recover. Automatic Sunset Both versions contain the same expiration mechanism: the reporting requirements expire upon the effective date of any future legislation establishing a new limitation on recovery for medical malpractice actions. This confirms the legislative intent that the reporting framework is a temporary, data-gathering tool designed to inform future changes to the cap. Strategic Implications Virginia’s medical malpractice damages cap is intact but is under active review, and the data collected under this new law will fuel the next round of legislative efforts to increase it. With the October 1, 2026 initial deadline approaching, Virginia hospitals and healthcare entities should consider taking the following steps: 1) determine whether an institution falls within the enacted law’s expanded definition of “medical care facility” or “other healthcare provider;” 2) coordinate the production of the required materials with insurers or risk retention groups; 3) compile the necessary information for disclosure; 4) identify and designate confidential proprietary information; 5) designate a certifying officer; 6) monitor the Bureau’s prescribed format; and 7) prepare for future debates on raising the medical malpractice damages cap.
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Client Wins
Donovan and Gallo Secure Favorable Defense Verdict in High-Stakes Product Liability Case
John Donovan (Partner-Philadelphia, PA) and Joseph Gallo (Associate-Philadelphia, PA) obtained a favorable defense verdict in a product liability case following a six-day federal jury trial in the U.S. District Court, Middle District of Pennsylvania (Williamsport Division) on behalf of Wilson Elser’s client, a net and rope manufacturer. The plaintiffs, an assistant high school baseball coach and his wife, alleged that the coach permanently lost the use of his right eye and suffered psychological injuries after being struck by a batted ball during a baseball practice. The plaintiff claimed the L-screen batting net failed, allowing the ball to pass through it. John and Joe argued that the plaintiff knowingly used the net despite prior visible damage. While the jury found our client’s product defective under strict liability, it also assigned the plaintiff 40% comparative negligence on the negligence claims. The damages ultimately awarded to the plaintiff were just $242,634, an amount significantly less than prior offers made during negotiations and less than 10 percent of the plaintiff’s lowest demand during litigation. The damages award was also significantly less than the outstanding workers’ compensation lien and outstanding and future medical bills. The plaintiff’s counsel filed post-trial motions on a variety of issues, including the low damage award. However, by Order, the court denied all the post-trial motions and ordered a hearing on the plaintiff’s counsel’s use of citations generated by “AI” in his post-trial brief.
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Events
Drafting a Defensible Insurance Coverage Letter: Best Practices for Insurers and Coverage Counsel
Richard W. Boone Jr. (Partner-New York, NY) will offer a practical roadmap for drafting coverage letters that clearly articulate the insurer's position, comply with regulatory requirements, preserve defenses, and withstand judicial scrutiny. Designed for both insurance professionals and coverage attorneys, Richard’s presentation will draw on real-world claims-handling experience and case law from multiple jurisdictions to address common pitfalls that lead to waiver, estoppel, and bad-faith exposure. Attendees will learn how to conduct a thorough coverage analysis, from insuring agreements through exclusions, conditions, and endorsements, and how to produce clear, persuasive, and defensible coverage correspondence that serves both the insurer's interests and the insured's right to a good-faith coverage determination.
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News
Greco Appointed to Florida Bar’s Aviation Law Committee
J. Peter Greco (Partner-Orlando, FL) has been appointed by the president-elect of the Florida Bar to serve on the Aviation Law Committee, with his term commencing July 1, 2026. The Aviation Law Committee monitors and analyzes recent developments in aviation law, including legislative and regulatory matters, and keeps bar members informed of significant developments in the field. The committee also maintains liaisons with agencies and various local, state, and federal government authorities involved in aerospace matters, and reviews legislation, regulations, and related policy issues. A significant portion of Pete’s practice focuses on complex aviation litigation. Prior to his legal career, he worked in airfield operations at several commercial service airports, including Orlando (MCO), where he was responsible for safety, security, and regulatory compliance of one of the nation’s busiest airports. Pete is an instrument-rated private pilot and a graduate of Embry-Riddle Aeronautical University; his practical aviation background and industry experience make him a valuable addition to the Aviation Law Committee.
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Events
Insurers' and Insureds’ Perspectives on Current Issues in D&O Liability 2026
Jonathan Meer (Partner-New York, NY) will serve for the 7th consecutive year as program chair of the New York City Bar Association’s Insurers' and Insureds’ Perspectives on Current Issues in D&O Liability 2026. Directors and officers (D&Os) face an increasingly complex and evolving liability landscape across both the for-profit and not-for-profit sectors, including exposure to state law fiduciary duty claims arising from alleged mismanagement and, for public company D&Os, potential liability under the federal securities laws. This half-day program includes panels comprised of professionals, including insurers’ representatives, insureds’ advocates, and plaintiff and defense counsel, providing a balanced perspective on key areas of D&O liability exposure and insurance coverage, an update on U.S. securities litigation and developments in Delaware corporate law, and highlighting D&O best practices and significant changes from 2025 ‒ 2026. Emerging issues are also addressed, none more potentially game-changing than the rapid adoption of artificial intelligence in the workplace, and its impacts on corporate decision-making and the creation of new areas of exposure. Senior Judge Paul G. Gardephe of the U.S. District Court, Southern District of New York, will serve as keynote speaker.
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