Document(s) published by this organization: 98
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|Bad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract Count|
Carl J. Pernicone, Robert M. Weber; Wilson Elser Moskowitz Edelman & Dicker LLP;
June 11, 2014, previously published on June 2, 2014Two recent New York federal court decisions -433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No. 7:13-cv-06790, S.D. N.Y.; 2014 U.S. Dist. - provide a good synopsis of the factual...
|Florida Federal Judge Approves Settlement Agreement Providing Payments to All Victims of Data Breach, Even Those Who Suffered No Monetary Loss|
Laura K. Pitts, Richard L. Reiter; Wilson Elser Moskowitz Edelman & Dicker LLP;
June 11, 2014, previously published on May 28, 2014On February 28, 2014, in Resnick et al. v. AvMed Inc., a Florida federal judge gave final approval to a groundbreaking settlement agreement in a data breach class action lawsuit. The settlement for the first time provides for payments to all victims of a data breach, including those who have not...
|Evolving International Regulations on Client Data Put More Pressure on Accounting Firms|
William J. Kelly; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 29, 2014, previously published on May 22, 2014The world may be getting smaller, but the number of ways various countries approach confidentiality is growing. A mosaic of disparate regulations should give any auditor or accountant pause when providing services for clients that have operations across international borders. What may be sufficient...
|National Transportation Safety Board Provides Tractor Trailer Safety Recommendations to the National Highway Traffic Safety Administration|
Brian Del Gatto, Michael Lettiero; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 16, 2014, previously published on May 14, 2014On April 3, 2014, the National Transportation Safety Board (NTSB) provided seven safety recommendations to the National Highway Traffic Safety Administration (NHTSA) addressing tractor trailer safety. The recommendations comprise four general topics:
|New Jersey School Districts Defending Bullying Case Can Possibly Seek Contribution from Student Accused of Bullying and Parents|
Jonathan E. Meer, David S. Sheiffer; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 16, 2014, previously published on May 12, 2014In New Jersey, can school districts defending a bullying case seek contribution from the students accused of bullying and their parents? Yes, said a recent New Jersey Superior court decision in V.B. a Minor by his Parent and Guardian v. Flemington-Raritan Regional Board of Ed, et al., Docket No....
|The U.S. Supreme Court Makes Effort to Provide Recourse Against Patent Trolls|
Gregory N. Brescia, Jura Christine Zibas; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 15, 2014, previously published on May 7, 2014There is traction for patent owners in the battle against patent trolls - another term for non-practicing entities (NPEs). As Congress continues to attempt to pass legislation to aid patent owners, the U.S. Supreme Court provided some hope on April 29, 2014, when it delivered its opinions in the...
|New York Appeals Court Sustains Asbestos Plaintiffs’ Direct Suit against Liability Insurer of Dissolved Corporate Defendant|
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 7, 2014, previously published on May 1, 2014Can an asbestos bodily injury plaintiff directly sue the liability insurer of a dissolved corporate defendant? Yes, said New York’s Appellate Division, First Department - under certain circumstances. The court’s decision came in cases under In Re New York City Asbestos Litigation, et...
|New Jersey’s Appellate Division Finds Manufacturer Has a Duty to Warn of Asbestos Risk in Foreseeable Replacement Component Parts|
Suna Lee; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 7, 2014, previously published on April 25, 2014On April 23, 2014, New Jersey’s Appellate Division held that a pump manufacturer had a duty to warn that replacement component parts contained asbestos. In four consolidated cases, the trial court granted summary judgment dismissing the plaintiffs’ claims alleging exposure to...
|Eastern District of New York Adopts “Express Train” Discovery Schedule to Ensure Expeditious Resolution of Sandy-related Coverage Suits|
Michelle M. Arbitrio, Stuart A. Miller; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 28, 2014, previously published on April 24, 2014Like many New Yorkers, the U.S. District Court for the Eastern District of New York (EDNY) has had a difficult time dealing with the aftermath of Superstorm Sandy. In response to the hundreds of lawsuits that have flooded its docket - the overwhelming majority of which involve claims under...
|Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”|
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 24, 2014, previously published on April 15, 2014While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenants of discovery that apply to the standard document requests, also apply to this new technological source of information. The question of whether a demand for any and...