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Wilson Elser Moskowitz Edelman & Dicker LLP White Plains, NY Document Search Results (10)

 

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HTMLU.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases
Lalit K. Loomba; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 22, 2015, previously published on December 10, 2015
The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to struggle with balancing the public interest in community safety against the...

 

Adobe PDFWill Amendments to Federal Rules of Civil Procedure 26(b)(1) and 37(e) Reduce the Scope and Costs of Discovery?
Daniel M. Braude, Marianna Codispoti; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 9, 2015, previously published on December 1, 2015
December 1, 2015, which quite fittingly has been declared the inaugural E-Discovery Day, marks the implementation of a package of amendments to the Federal Rules of Civil Procedure, concluding a process that began more than five years ago. Most notably, Rules 26(b)(1) and 37(e) have received...

 

HTMLWhen Less Is More: The Pitfalls of Saying Too Much in Professional Contracts
Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 27, 2015, previously published on November 13, 2015
Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to avoid responsibility for problems that arise in the execution of the...

 

HTMLThe Internet of Things and the Inevitable Collision with Product Liability PART 5: Security and the Industrial Internet Consortium
H. Michael O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 27, 2015, previously published on November 24, 2015
The rapid emergence of the Internet of Things (IoT) led to the establishment of the Industrial Internet Consortium (IIC) in the spring of 2014 by five primary stakeholders: AT&T, Cisco, General Electric, IBM and Intel. IIC now claims a membership of 211 in more than 26 countries. Each of the five...

 

HTMLSecond Circuit Reminds Healthcare Providers to Seek Relief from Insurance Companies Under Their Own Contracts, Not the Insureds’ Contracts
Emily A. Hayes; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 26, 2015, previously published on November 24, 2015
In Rojas v. Cigna Health and Life Ins. Co., 793 F.3d 253, 258 (2d Cir. 2015), the Second Circuit joined several other circuits in holding that “healthcare providers are not ‘beneficiaries’ of an ERISA welfare plan by virtue of their in-network status or their entitlement to...

 

HTMLWhen an Exception to the “Mold Exclusion” Exposes Carriers to More Than Just Fungi or Bacteria
Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 26, 2015, previously published on October 20, 2015
The recent New York City outbreak of Legionnaires’ disease (named for a 1976 outbreak of a type of pneumonia at an American Legion convention) has raised awareness of the illness. It has also renewed the courts’ interest in interpreting the Mold Exclusion. In the recent decision Acuity...

 

HTMLArbitration of Nursing Home Suits: Take Two
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 12, 2015, previously published on October 2, 2015
Last fall, I posted a blog about the national trend of including arbitration provisions in nursing home admission agreements. This trend peaked following the U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (2012), in which the Court determined that the...

 

HTML“Force of Nature” or Human Error? Litigating the Act of God Defense
Ernest V. Goodwin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 18, 2015, previously published on August 18, 2015
The cause of the plaintiff’s damages is typically the first and most critical question posed to a jury in a product liability trial. If a jury determines that a substantial factor in the cause of the plaintiff’s damages was a natural event, such as lightning, a tornado or some other...

 

HTMLFRE 502(d) - An Underutilized “Safety Net” in Document Intensive Litigation
Selina A. Billington, Daniel M. Braude; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 12, 2015
The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in federal court, this consequence can be avoided through the use of...

 

HTMLDealing with Product Liability Down Under
Thomas M. DeMicco, Bettina Sorbello; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 14, 2015, previously published on June 19, 2015
Up to now, we have written about many different topics on this site that focus on how product liability issues are litigated in the United States. Through a collaborative effort with our friends at the Australia-based law firm DibbsBarker, we offer the first in a series of blog posts and articles...