Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 176


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HTMLRegulatory Concerns for the Sale of Extended Warranties to Commercial Purchasers
E. Paul Dougherty, Stanley J. Pun; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 26, 2015, previously published on November 12, 2015
Products sold to commercial purchasers typically include a standard manufacturer’s warranty. Should the manufacturer’s distributor sell an extended warranty at the time of purchase, is that extended warranty considered insurance such that it would be subject to state regulatory or...

 

HTMLIllinois Supreme Court Decision Bars Employee from Bringing a Direct Civil Action against Employer for Alleged Asbestos Exposure Injuries
Anthony M. Goldner, Brian C. Padove; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 26, 2015, previously published on November 12, 2015
In Folta v. Ferro Engineering, Ill.S.Ct. Docket No. 118070, Nov. 4, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision and held that a personal injury and subsequent wrongful death suit brought on behalf of a former employee who died from mesothelioma 41 years after...

 

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...

 

HTMLSouthern District of Illinois Court Denies Motion to Exclude “Every Exposure” Opinion
Brian J. Huelsmann; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 26, 2015, previously published on November 18, 2015
On September 21, 2015, the United States District Court for the Southern District of Illinois denied a defendant’s motion in limine to exclude expert testimony in an asbestos case. Judge Staci M. Yandle denied General Electric Company’s motion to exclude the expert testimony of Dr....

 

Adobe PDFThe Fair Credit Reporting Act: Misnamed but Mischievous
Kevin C. Donovan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2015, previously published on October 2015
More and more, employers are falling victim to class action filings claiming that their background check procedures violate the Fair Credit Reporting Act (FCRA). Although the attention of in-house counsel and human resources managers has focused on “ban the box” campaigns against even...

 

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...

 

HTMLFlorida Constitutional Provision Mandating Disclosure of Adverse Medical Incidents Preempted by Federal Patient Safety and Quality Improvement Act
Amy L. Baker; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 9, 2015, previously published on October 30, 2015
The First District Court of Appeal in Florida recently held in Baptist Hospital of Florida, Inc. v. Jean Charles, Jr., No. 1D15-0109, October 28, 2015, that a Florida constitutional provision mandating disclosure of adverse medical incidents is preempted by the federal Patient Safety and Quality...

 

HTMLSupreme Court Adopts Amendments to Federal Rules That May Deter Patent Infringement Lawsuits, Especially Those Filed by Non-practicing Entities
Gregory N. Brescia, Jura Christine Zibas; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 9, 2015, previously published on November 2, 2015
In April 2015, the United States Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, in part abolishing Rule 84 and along with it Form 18, which allows plaintiffs to file bare-bones patent complaints. Until the amendments, a plaintiff could file austere...

 

HTMLMichigan Court Dismisses Cross-Claim as Insurer Not Properly Subject to a Claim for Breach of Fiduciary Duty
Lauren Moy Kim; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 5, 2015, previously published on October 27, 2015
In Van Loo v. Cajun Operating Co, No. 14-cv-10604 (E.D. Mich. Sept. 17, 2015), the Eastern District of Michigan, a Sixth Circuit district court, held that the requirement for evidence of insurability was triggered based on the total amount of insurance as opposed to the amount of supplemental life...

 

HTMLUPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 5, 2015, previously published on October 27, 2015
On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory opinion issued by Advocate General Yves Bot of the European Union...

 


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