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Wilson Elser Moskowitz Edelman & Dicker LLP Philadelphia, PA Document Search Results (7)

 

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HTMLWhere’s the Beef? Are Stricter Warning Label Requirements on the Horizon for the Meat Industry?
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2015, previously published on November 5, 2015
The World Health Organization (WHO), the United Nations’ public health arm, issued a report on October 26, 2015, based on research performed by the International Agency for Research on Cancer (IARC), linking cancer to consumption of red meat and processed meat. In the report, 22 world health...

 

HTMLHistoric Rainfall in South Carolina Leaves Questions about Insurance Availability
Brian F. Breen, Kevin T. Kavanagh; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 27, 2015, previously published on October 21, 2015
Much of South Carolina was inundated with more than 20 inches of rain between September 30 and October 5, 2015. News outlets have reported that more than 20 rivers flooded and at least 12 dams collapsed resulting in the closure of more than 300 roads and bridges for nearly two weeks, including...

 

HTMLThird Circuit Rules Failure to Disclose Deadline to File Suit in Denial Letter Warrants Setting Aside Limitations of Suit Provision in Plan
Joshua Bachrach, Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
The Third Circuit ruled on August 26, 2015, that if a claim administrator fails to disclose in its final denial letter any plan-imposed deadline to challenge the denial in court, then that deadline will be set aside in favor of the most analogous state-law statute of limitations. In Mirza v....

 

HTMLEleventh Circuit Addresses Statutory Penalty Claims under ERISA
Joshua Bachrach, Tanya I. Suarez; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
The ERISA statute authorizes a court to award a penalty of up to $110 per day based on the failure of an Administrator to respond to a participant’s or a beneficiary’s request for plan documents. The term “Administrator” is defined under ERISA as “the person...

 

HTMLThird Circuit Adopts Catalyst Theory in ERISA Cases for Attorney Fee Awards
Joshua Bachrach; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 27, 2015, previously published on May 14, 2015
Under the Employee Retirement Income Security Act of 1974 (ERISA), “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” The discretion of a court to award fees is not unfettered. Reviewing the language in the ERISA statute, the...

 

HTMLIn Non-precedential Case, Third Circuit Affirms Fracking Trade Secrets Trump Physician’s Right to Know, Absent Actual Harm
Michael J. Cawley, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 6, 2015, previously published on April 13, 2015
Fracking in Pennsylvania continues to create work for the courts. On March 16, 2015, in a non-precedential opinion in Rodriguez v. Secretary of Pennsylvania Environmental Protection of PA et al., the Third Circuit issued a ruling concerning whether a Pennsylvania doctor had standing to challenge...

 

HTMLSummary Judgment Appropriate in PA Where Frequent Exposure to and Breathing of Asbestos Dust Is Absent
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 6, 2015, previously published on April 29, 2015
The Pennsylvania Superior Court in Sterling v. P&H Mining Equipment, Inc. recently affirmed the Court of Common Pleas of Philadelphia County’s grant of summary judgment in favor of defendant P&H Mining Equipment, Inc. (P&H) because plaintiff Norman Sterling failed to provide the required...