Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 131


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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...

 

HTMLRomance between Nursing Home Residents - Should the Facility Step In?
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on February 20, 2014
State and federal regulations weren’t enacted to protect nursing home residents only from neglect and abuse. Federal law requires facilities to maintain environments that promote, maintain or enhance a resident’s quality of life. Adults have the right to make choices about significant...

 

HTMLNothing Like a Mock Trial to Scare Staff Straight
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on January 13, 2014
Having presented many in-service lectures to the hospitals and nursing homes I defend, it has become apparent that the medical staff members best learn how incomplete and inconsistent documentation can be exploited by plaintiffs’ attorneys, and cost an otherwise defensible case.

 

HTMLThe Connecticut Supreme Court Restricts the Plaintiff’s Ability to Rely On the “Malfunction Doctrine” to Support A Product Liability Claim
Eric W. F. Niederer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 1, 2014
A recent decision handed down by the Connecticut Supreme Court may significantly impact the way product liability lawsuits are litigated within the state of Connecticut in the future. In a products liability case, the “malfunction doctrine” permits the plaintiff to argue at trial that a...

 

HTMLThe King Can Do No Wrong. But Then Again ...
Lalit K. Loomba; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 24, 2014
At common law, municipalities were immune from liability in tort for the misfeasance of their officers and employees. This principle of “sovereign immunity” was often summed up by the phrase, “The King can do no wrong.” Sovereign immunity was not merely a defense to...

 

HTMLMy Structured Settlement Broker or Yours?
Philip Quaranta; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on April 1, 2014
We all have been in negotiations that involve structured settlement proposals, and almost all plaintiffs’ attorneys have relationships with structured settlement brokers. Inevitably, when it’s time to place a structured settlement, the plaintiffs’ attorneys insist on using the...

 

HTMLThird District Applies Daubert Retroactively
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on June 2, 2014
Florida’s first appellate review under Daubert occurred in Perez v. Bell South Telecommunications, Inc., 39 Fla. L. Weekly D 685b (April 24, 2014). The Third District Court of Appeals became the first Florida appellate court to apply the Daubert standard to uphold a decision by a trial court,...

 

HTMLE-Discovery Matters: “A Guide to ESI Preservation Responsibilities”
Daniel M. Braude; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on August 15, 2014
I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI),...

 

HTMLThe Government Contractor Defense
John P. Loringer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on September 2, 2014
The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the requirements and scope of its application, is extremely important to companies that...

 

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...

 


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