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Wilson Elser Moskowitz Edelman & Dicker LLP Philadelphia, PA Document Search Results (11)

 

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HTMLRiders on the Storm Beware
Wendy D. Testa; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on July 15, 2014
Every summer, warm weather prompts millions to flock to bodies of water. While sunbathers likely give little thought to the source of water in which they frolic, design professionals and builders of public and private projects must pay careful attention to how construction will affect stormwater...

 

HTMLDoes Pennsylvania Permit Manufacturing Defect Claims Involving Medical Devices?
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on September 17, 2014
I am writing to report about a recent dismissal of a manufacturing defect claim made against a medical device manufacturer in the USDC for the Eastern District of Pennsylvania. This decision is favorable to our clients that are involved in defending medical devices. We believe this case may...

 

HTMLDaubert Déjà Vu
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on July 15, 2014
On June 27, 2014, in In Re: Zoloft, U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania issued an opinion excluding an expert in a case that bears a striking resemblance to the facts of Daubert v. Merrell Dow. We think Judge Rufe’s decision in Zoloft will serve as useful...

 

HTMLAbsent an Initial Showing That It Is a Fiduciary, Employer Is Immune from Breach of Fiduciary Liability Claim under ERISA in the Fourth Circuit
Heather Austin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 2, 2014, previously published on October 21, 2014
In Moon v. BWXT Technologies, Inc., 2014 U.S. App. LEXIS 12525 (4th Cir. July 2, 2014), the Fourth Circuit rejected fiduciary breach and equitable estoppel claims, determining that an employer’s failure to alert an employee that he was no longer covered under a life insurance plan and the...

 

HTMLU.S. District Court Judge Bars Plaintiff’s Individual Disability Claims in Their Entirety by Application of the Doctrine of Collateral Estoppel
Salvatore A. Clemente, Maria-Louise G. Perri; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its insured’s claims for breach of contract, breach of fiduciary duty...

 

HTMLPennsylvania Magistrate Judge Recommends That Plaintiff’s Claims Be Barred in Their Entirety by Application of the Doctrine of Collateral Estoppel
Salvatore A. Clemente, Maria-Louise G. Perri; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a Magistrate Judge issued a Report and Recommendation granting an individual disability insurer summary judgment on an insured’s claims for breach of contract, breach of fiduciary duty and statutory bad...

 

HTMLWhat Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as Unconstitutional
Michael J. Cawley, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 19, 2014, previously published on August 15, 2014
Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court struck down as unconstitutional provisions of Act 13 that required...

 

HTMLDe Facto Plan Administrator Claims in the First Circuit
Joshua Bachrach; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 17, 2014, previously published on July 10, 2014
According to 29 U.S.C. § 1132(c)(1)(B) of ERISA, it is within a court’s discretion to award a penalty of up to $110 per day based on an administrator’s failure to comply with a plan participant’s or beneficiary’s request for plan documents. Citing to Law v. Ernst &...

 

HTMLPennsylvania Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of Latent Occupational Disease Lawsuits
Michael J. Cawley; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 21, 2014, previously published on February 18, 2014
On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’ Compensation Act (the Act) did not provide a bar to the lawsuits...

 

HTMLPennsylvania Supreme Court Rules on Whether Drug Company Has Expanded Duties
Henry F. Canelo, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 19, 2014, previously published on February 10, 2014
On January 21, 2014, the Pennsylvania Supreme Court held in a 4-2 vote in Lance v. Wyeth, 2014 PA. 17 EAP 2011 (PA Supreme Court 2014), that a pharmaceutical company for the first time under Pennsylvania law may face negligence claims where the drug manufacturer introduced a drug into the...

 


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