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Wilson Elser Moskowitz Edelman & Dicker LLP New York, WY Document Search Results (27)

 

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HTMLFDA Outbreak Response Is Not a Constitutional Taking
Joseph F. Bermudez, Robert F. Roarke; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by the U.S. Court of Federal Claims advises that compensation in such...

 

HTMLHome or Away? Where Should That Deposition Take Place?
Rosario M. Vignali; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 7, 2014, previously published on August 1, 2014
When a corporate defendant is sued in a federal court outside its home state, the issue of where its deposition will be conducted can become a bone of contention. The traditional rule, accepted by most practitioners, is that the deposition will take place at the corporate defendant’s...

 

HTMLNew York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home Rule Law
Alexander L. Betke, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 1, 2014
In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair of cases, In the Matter of Mark S. Wallach, as Chapter 7...

 

HTMLPoland Spring Wins Defense Verdict in High Exposure Trial
Gerard J. Heubel, Elizabeth D. Ho Sing, Stuart A. Miller; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
Nestlé Waters North America prevailed in a high-exposure case related to a 2011 automobile accident that occurred on Route 347 in Smithtown, NY, involving a Poland Spring truck and an automobile driven by the plaintiff, George Kohler. The case was venued in New York State Supreme Court,...

 

HTMLHow Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 27, 2014, previously published on June 24, 2014
In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection Agency (EPA) it authorized displace - that is, preempt - “any federal...

 

HTMLBad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract Count
Carl J. Pernicone, Robert M. Weber; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 11, 2014, previously published on June 2, 2014
Two recent New York federal court decisions -433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No. 7:13-cv-06790, S.D. N.Y.; 2014 U.S. Dist. - provide a good synopsis of the factual...

 

HTMLFlorida Federal Judge Approves Settlement Agreement Providing Payments to All Victims of Data Breach, Even Those Who Suffered No Monetary Loss
Laura K. Pitts, Richard L. Reiter; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 11, 2014, previously published on May 28, 2014
On February 28, 2014, in Resnick et al. v. AvMed Inc., a Florida federal judge gave final approval to a groundbreaking settlement agreement in a data breach class action lawsuit. The settlement for the first time provides for payments to all victims of a data breach, including those who have not...

 

HTMLSchool District’s Potential Liability for Bullying Not Limited to Its Own Students
Jonathan E. Meer, David S. Sheiffer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
In a case of first impression in New York, a state court has ruled that a school district can face potential liability under the state’s anti-bullying laws, even where the bullying victim is not one of its own students.

 

HTMLNew Jersey School Districts Defending Bullying Case Can Possibly Seek Contribution from Student Accused of Bullying and Parents
Jonathan E. Meer, David S. Sheiffer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 16, 2014, previously published on May 12, 2014
In New Jersey, can school districts defending a bullying case seek contribution from the students accused of bullying and their parents? Yes, said a recent New Jersey Superior court decision in V.B. a Minor by his Parent and Guardian v. Flemington-Raritan Regional Board of Ed, et al., Docket No....

 

HTMLThe U.S. Supreme Court Makes Effort to Provide Recourse Against Patent Trolls
Gregory N. Brescia, Jura Christine Zibas; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 15, 2014, previously published on May 7, 2014
There is traction for patent owners in the battle against patent trolls - another term for non-practicing entities (NPEs). As Congress continues to attempt to pass legislation to aid patent owners, the U.S. Supreme Court provided some hope on April 29, 2014, when it delivered its opinions in the...

 


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