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Wilson Elser Moskowitz Edelman & Dicker LLP New York, WY Document Search Results (29)

 

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HTMLIs There Anything “Good” about the “Good Samaritan” Rule?
Richard H. Rubenstein; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 15, 2014
Every first-year law student can recite the “Good Samaritan” rule: The ordinary bystander has no legal duty to rescue a drowning person, but if you voluntarily undertake the duty to rescue her, you must not be negligent in your efforts.

 

HTMLCornell Ruling Is Cause for Experts’ Concern
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on July 1, 2014
I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op 02096). The ruling dealt with the admissibility of an...

 

HTMLMy Structured Settlement Broker or Yours?
Philip Quaranta; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on April 1, 2014
We all have been in negotiations that involve structured settlement proposals, and almost all plaintiffs’ attorneys have relationships with structured settlement brokers. Inevitably, when it’s time to place a structured settlement, the plaintiffs’ attorneys insist on using the...

 

HTMLNinth Circuit Court of Appeals Demands More from Website Operators Before Terms of Use Will Bind Users
Adam R. Bialek, Kerianne Losier; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 3, 2014, previously published on October 17, 2014
The Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc., No. 12-56628, August 18, 2014, US 9th Circuit, provides insight regarding courts’ treatment of Internet-based contracts of interest to those operating in the e-commerce space or any website owner seeking to rely on...

 

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...

 

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...

 

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,...

 

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...

 


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