Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 191


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HTMLSupreme Court Requires Proof of Criminal Intent Even If Facebook Threats Are Obvious to a Reasonable Person
Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 24, 2015, previously published on June 15, 2015
On June 1, 2015, in Elonis v. United States, &under;&under;&under;&under; U.S. &under;&under;&under; (2015) (Docket #13-983), a case involving statements made on the Criminal Defendant/Petitioner’s Facebook page, the U.S. Supreme Court reversed the Third Circuit’s September 2013 ruling,...

 

HTMLMontana Supreme Court Affirms Rule Requiring Insurer to Demonstrate Prejudice Resulting from Insured’s Late Notice
Erica L. Meek, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
On May 29, 2015, the Montana Supreme Court affirmed the application of the notice-prejudice rule in cases of third-party claims for damages. Atlantic Casualty Ins. Co. v. Greytak, 2015 MT 149, OP 14-0412 (Mt. 2015). The rule requires the insurer to establish prejudice as a condition to denying...

 

HTMLChinese Court Stuns New Balance with $16 Million Verdict: Lessons on Doing Business in China
Adam R. Bialek, Gregory N. Brescia, Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 22, 2015, previously published on June 9, 2015
On April 24, 2015, Guangzhou Municipal Intermediate People’s Court in south China’s Guangdong Province stunned Xinbailun Trade (China) Co., the local sales company for the well-known U.S. sports brand New Balance, with a $16 million verdict for violating the trademark rights of a...

 

HTMLKentucky Federal Court Sustains Hospital Insurer’s Denial of Claim Due to Untimely Notice, Declines to Require Insurer Show Prejudice
Edward M. O'Brien, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
The U.S. District Court for the Eastern District of Kentucky recently held that an insurer properly denied coverage to a hospital because the hospital gave untimely notice of the claim. In Ashland Hospital Corporation v. RLI Insurance Company, Civil Action No. 13-143-DLB-EBA (E.D. Ky. Mar. 17,...

 

HTMLCitizens Property Insurance Corporation Immune to Statutory Bad Faith Claims
Kenneth L. Baker, Nicholas D. Freeman, Rod Janis, Anthony P. Strasius; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 12, 2015, previously published on June 3, 2015
The Florida Supreme Court has decided unanimously that the Florida legislature did not intend for Citizens Property Insurance Corporation (a state-created entity that provides property insurance) to be liable for statutory, first-party bad faith claims in Citizens Property Insurance Corp. v....

 

HTMLCalifornia’s Highest Court Refuses to Review Denial of Coverage Under Contamination Products Insurance Policy for Ground Beef Recall
Joseph C. Baiocco, Jessica C. Collier; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 3, 2015, previously published on May 29, 2015
On May 20, 2015, the California Supreme Court denied Windsor Food Quality Company, Ltd.’s (Windsor’s) petition for review of the decision of the Court of Appeal for the Fourth Appellate District of California that denied coverage under a contamination products insurance (CPI) policy...

 

HTMLThe PATENT Act in Its Infancy
Jacob R. Graham, Jura Christine Zibas; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 29, 2015, previously published on May 27, 2015
The Senate Judiciary Committee members introduced the bipartisan Protecting American Talent and Entrepreneurship Act of 2015 (the PATENT Act) on April 29, 2015, aimed at curbing abusive patent practices and litigation. The Committee held a full-committee hearing on “S. 1137, the PATENT ACT -...

 

HTMLToday's Immigration Debate Impacts California Employment Law and Litigation
Ashley R. Morris, Dean A. Rocco; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 29, 2015, previously published on May 27, 2015
A year ago, the California Supreme Court limited damages in employment discrimination claims brought under the California Fair Employment and Housing Act (FEHA) when an employer discovers it employed an unauthorized worker. In Salas v. Sierra Chemical Co. (June 26, 2014), the Court determined...

 

HTMLDefense and Indemnity Demands in Today’s Global Marketplace
Claire W. Parsons; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 28, 2015, previously published on May 18, 2015
In defending product liability cases, product manufacturers, sellers and distributors often tender a request for defense and indemnity from claims to one of their business partners. Typically, the tender arises from two common scenarios: (1) a product distributor or seller tenders its defense to...

 

HTMLApple v. Samsung: Trade Dress Functionality and Total Profits without Apportionment
Jacob R. Graham, Jura Christine Zibas; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 28, 2015, previously published on May 22, 2015
The highly publicized Apple v. Samsung litigation saga began in April 2011 when Samsung alleged various infringements of patents and trade dress related to Apple¿s iPhone. A jury awarded more than $1 billion in damages. In a May 18, 2015, opinion, a three-judge panel of the Federal Circuit reversed...

 


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