Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 125


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HTMLArbitration Agreements in Nursing Home Admission Agreements
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 31, 2014
In response to increasing runaway verdicts with large awards for punitive damages, many nursing homes are including arbitration clauses in their admission agreements. The U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (Feb. 2012), held that these...

 

HTMLIs There Anything “Good” about the “Good Samaritan” Rule?
Richard H. Rubenstein; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 15, 2014
Every first-year law student can recite the “Good Samaritan” rule: The ordinary bystander has no legal duty to rescue a drowning person, but if you voluntarily undertake the duty to rescue her, you must not be negligent in your efforts.

 

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...

 

HTMLClawback Suit Targets International Investors
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 17, 2014
In 2008, a few months before the $65 billion Madoff Ponzi scheme fell apart, the $3.65 billion Petters Ponzi scheme made headlines. Tom Petters told investors that they were financing the purchase and sale of consumer electronic goods when no goods existed. Rather, Petters used funds from new...

 

HTMLPatient-on-Patient Violence: Does a Negligence Case Trump a Patient’s HIPAA Rights?
Lori R. Semlies; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on February 27, 2014
At some point in their careers, most medical malpractice defense attorneys have defended a medical facility against a claim for negligence based on one patient being attacked by another. The negligence claim is premised on a failure to properly supervise and protect a patient from another who is...

 

HTMLSubpoena Duces Tecum and Your Average Joe
Steven L. Young; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on January 24, 2014
Attorneys sometimes forget that members of the general public may not share our familiarity with the legal system. The service of a subpoena duces tecum (bring it with you under penalty of punishment) on a “civilian” can generate numerous questions. The subpoena is an imposing, formal...

 

HTMLLiving With the Stigma of Being a Lawyer
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on January 17, 2014
Surely it is not breaking news that the Gallup poll shows only 19 percent of respondents find lawyers to be very honest or ethical. In 1976, only 25 percent of those polled found lawyers’ ethics or honesty to be high or very high, and since 1996 that figure has been below 20 percent. Lawyers...

 

HTMLUpdate: Anti-Tire Aging Legislation in Massachusetts
Robert D. Sullivan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on May 20, 2014
Our February 18, 2014 blog, Massachusetts, Where Only Young Rubber Hits the Road, covered An Act to Increase Road Safety, proposed by the Massachusetts House of Representatives, which was assigned bill tracking number H3016. The Act would require issuance of a rejection certificate for any vehicle...

 

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,...

 

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...

 


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