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HTMLTenth Circuit Reminds Insurer Cannot Use the Attorney-Client Privilege as Both a Sword and a Shield
Jensen Varghese, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 13, 2015
The Tenth Circuit in Seneca Insurance Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014), affirmed a district court’s decision to allow the discovery and admission into evidence of correspondence between Seneca Insurance Company (Seneca) and its counsel...

 

HTMLHydraulic Fracturing Banned in New York
Andrew J. Scholz; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 17, 2014
New York Governor Andrew Cuomo announced today that he will prohibit high-volume hydraulic fracturing within the shale-rich state. The decision comes after years of debate and behind-the-scenes health studies. Health commissioner Howard Zucker reportedly said that he “cannot support”...

 

HTMLPA High Court Gives Green Light to Assignment of Bad Faith Claims
Anthony J. Golowski, Michael S. Saltzman; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 6, 2015
In Allstate Prop. & Casualty Insurance Co. v. Wolfe, No. 39 MAP 2014, 2014 Pa. LEXIS 3309 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court, in deciding a certified question from the Third Circuit, ruled that statutory bad faith claims under 42 Pa. C.S.A. § 8371 are assignable.

 

HTMLGroup of Ex-NFL Players Files Written Objections to NFL’s Proposed Concussion Settlement
Joseph M. Hanna; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 8, 2014
On December 2, 2014, a group of ex-NFL players refusing the $765 million concussion settlement filed their objections with Judge Brody of the US District Court for the Eastern District of Pennsylvania.

 

HTMLJury “Earthquake” Discussions Did Not Warrant New Trial
Andrew J. Scholz; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 8, 2014
The Eight Circuit, in a case involving a determination regarding the amount of damages to property owners purportedly caused by vibrations from drilling operations, has refused to order a new trial arising out of an energy company’s challenge to a jury verdict against it where the jurors...

 

HTMLRedskins Suit Against Native Americans over Trademarks Goes Forward
Joseph M. Hanna; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 1, 2014
A federal judge in Virginia decided to hear the Redskins’ suit against a group of Native Americans over the U.S. Patent and Trademark Office’s decision to cancel the Redskins trademark registrations.

 

HTMLSixth Circuit Interprets ‘Direct Action’ Provision of 28 U.S.C. 1332 in the Context of Michigan’s No-Fault Insurance Law
Jonathan L. Schwartz, Joel J. Terragnoli; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 6, 2015
In Ljuljdjuraj v. State Farm Mutual Automobile Ins. Co., 2014 U.S. App. LEXIS 24108 (6th Cir. Dec. 19, 2014), the U.S. Court of Appeals for the Sixth Circuit held that the ‘direct action’ provision of 28 U.S.C. § 1332(c)(1) does not destroy diversity jurisdiction in an action...

 

HTMLMinimum Wage Lawsuits Strike At the Core of Major Junior Hockey and Minor League Baseball
William H. Baaki; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 10, 2014
Many would argue that minor league baseball is the quintessential American sporting experience - playing for the love of the game in small towns throughout the country, dreaming of the big leagues, or playing out the string. Similarly, nothing may be more distinctively Canadian than major junior...

 

HTMLBill Ending Antitrust Exemptions for Pro Sports Leagues Introduced
Joseph M. Hanna; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 5, 2014
A bill to end the current permanent antitrust exemptions of the four major professional sports leagues was introduced by Sen. Richard Blumenthal, D-Conn. on December 2.

 

HTMLFormer High School QB: Fix Patchy Implementation of Concussion Protocol
Joseph M. Hanna; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 4, 2014
Daniel Bukal, a former high school quarterback, has filed a lawsuit against the Illinois High School Association (IHSA), arguing that the athletic body insufficiently has managed concussions sustained by young football players. Bukal alleged he suffers from migraines and memory loss because of...

 


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