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HTMLInsurers Reach the Summit: N.Y. Court of Appeals Reverses K2, Says Exclusions Not Lost in Breach of Duty to Defend
Goldberg Segalla LLP;
Legal Alert/Article
February 20, 2014, previously published on February 18, 2014
After granting reargument, the New York State Court of Appeals reversed its previous decision finding that the rule of stare decisis must govern and that the court erred by failing to take account of controlling precedent in Servidone Const. Corp. v. Sec. Ins. Co. of Hartford. In that previous...

 

HTMLThe Wells Report Could Mean Big Changes in NFL Workplace Policies
Goldberg Segalla LLP;
Legal Alert/Article
February 20, 2014, previously published on February 20, 2014
Last Friday, attorney Ted Wells of Paul, Weiss, Rifkind, Wharton & Garrison, LLP issued a 144-page report (commonly referred to as the Wells report) to the National Football League concerning the alleged harassment of Miami Dolphins offensive tackle Jonathan Martin. On October 28, 2013, Martin...

 

HTMLWinter Storms Create Challenges for Employers — Do You Have a Weather Policy in Place?
Goldberg Segalla LLP;
Legal Alert/Article
February 18, 2014, previously published on February 10, 2014
Winter storms create challenges for employees and employers alike, with snow, sleet and freezing rain adding unwelcomed stress into the basic activities of daily life. In turn, how an employer responds to emergency weather can either add to or detract from these additional strains on an...

 

HTMLHelping Reshape the FRCP to Reduce Discovery Abuse
Goldberg Segalla LLP;
Legal Alert/Article
February 18, 2014, previously published on February 10, 2014
An important public comment period for proposed changes to the Federal Rules of Civil Procedure ends this week on February 15. If your organization has yet to comment, please consider submitting a comment, however brief, in support of the proposed amendments. The amendments are designed to ease...

 

HTMLGood Samaritan or Workplace Liability?
Goldberg Segalla LLP;
Legal Alert/Article
February 4, 2014, previously published on January 30, 2014
Your colleague begins to choke on his sandwich at lunch. The courier trips on loose carpet in your office lobby. Your co-worker goes into anaphylactic shock. What to do? Good Samaritan laws are designed to indemnify individuals who provide reasonable assistance to others in a time of emergency. The...

 

HTMLNew York City Pregnancy Discrimination Law Becomes Effective on January 30: Are You Prepared?
Goldberg Segalla LLP;
Legal Alert/Article
January 24, 2014, previously published on January 17, 2014
Employers in New York City are reminded to prepare for a new addition to the New York City Human Rights Law (NYCHRL), effective January 30, which requires employers with four or more employees to provide reasonable accommodations for pregnant employees and employees with pregnancy- or...

 

HTMLSeventh Circuit Reverses Summary Judgment Ruling on Narcoleptic Night Shift Employee’s ADA Claims, But Affirms Dismissal of FMLA Claims
Goldberg Segalla LLP;
Legal Alert/Article
January 24, 2014, previously published on January 21, 2014
On January 13, the Seventh Circuit issued an opinion in Spurling v. C&M Fine Pack, Inc., 2014 U.S. App. LEXIS 660, reversing an Indiana District Court’s grant of summary judgment in favor of the employer on a narcoleptic employee’s Americans with Disabilities Act (ADA) claim, but...

 

HTMLMinimum Wage Set to Increase in NY, NJ, and CT
Goldberg Segalla LLP;
Legal Alert/Article
January 6, 2014, previously published on December 30, 2013
Employers with employees in New York, New Jersey, and Connecticut should expect more than just holiday cheer this New Year. Increases in those state’s minimum wages may also bring about increased costs for businesses and organizations that utilize low-wage earners.

 

HTMLNew York’s Anti-Subrogation Law Fights Back, Knocks Out ERISA Preemption
Goldberg Segalla LLP;
Legal Alert/Article
November 20, 2013, previously published on November 19, 2013
On November 13, 2013, Governor Andrew Cuomo signed New York’s Anti-Subrogation Bill into law. The new law eliminates federal preemption of New York’s General Obligations Law §§ 5-101; 5-335 (GOL) that prevents health insurers from seeking reimbursement from the victims for...

 

HTMLInsurer Disaster Response Protocols Established During Sandy Become Permanent
Goldberg Segalla LLP;
Legal Alert/Article
November 20, 2013, previously published on November 19, 2013
In late October, the New York State Department of Financial Services (NYDFS) announced the creation of a new Emergency Disaster Protocol (EDP) for insurers during natural disasters and other severe weather activity. The EDP is largely based off of protocols and measures adopted in the wake of...

 


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