Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 126


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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...

 

HTMLOptional Safety Features: Let the Sophisticated Purchaser Decide
Joseph P. Wodarski; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on May 14, 2014
Products used in an industrial setting, such as forklift trucks, are typically designed to offer the purchaser the option of choosing certain safety features and excluding others that are available. The particular setting where the product will be used (its operating environment) will dictate which...

 

HTMLThe Hague Convention: Defending a Japanese Company in U.S. PL Litigation
Eimi Watanabe; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on March 17, 2014
Japan is currently the fourth-largest U.S. trading partner, exporting on average, $130 billion in goods to the United States each year. More than half of all of those goods are manufactured products in the form of vehicles or machinery, making Japanese companies subject to a significant exposure in...

 

HTMLIt’s the Mediator’s Form Agreement—Not Yours
Thomas M. DeMicco, Philip Quaranta; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on June 16, 2014
Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the proposed agreement will state that the mediation is confidential. Some...

 

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...

 

HTMLSocial Media as a Risk Management Tool?
Thomas M. DeMicco; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on May 1, 2014
I recently read an article titled “When ‘Liking’ a Brand Online Voids the Right to Sue,” written by Stephanie Strom of the New York Times, that reported an interesting change in the way manufacturers are dealing with consumers and using social media as a risk management...

 

HTMLNinth Circuit Court of Appeals Demands More from Website Operators Before Terms of Use Will Bind Users
Adam R. Bialek, Kerianne Losier; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 3, 2014, previously published on October 17, 2014
The Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc., No. 12-56628, August 18, 2014, US 9th Circuit, provides insight regarding courts’ treatment of Internet-based contracts of interest to those operating in the e-commerce space or any website owner seeking to rely on...

 

HTMLNJ Supreme Court to Rule on Application of General Six-year Statute of Limitations to Spill Act Claims
Barbara Hopkinson Kelly, Erik M. Ortega; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 2, 2014, previously published on October 20, 2014
The Supreme Court of New Jersey recently heard arguments on whether private claims for contribution brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (Spill Act) are subject to a general six-year statute of limitations applicable to common law property...

 

HTMLAbsent an Initial Showing That It Is a Fiduciary, Employer Is Immune from Breach of Fiduciary Liability Claim under ERISA in the Fourth Circuit
Heather Austin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 2, 2014, previously published on October 21, 2014
In Moon v. BWXT Technologies, Inc., 2014 U.S. App. LEXIS 12525 (4th Cir. July 2, 2014), the Fourth Circuit rejected fiduciary breach and equitable estoppel claims, determining that an employer’s failure to alert an employee that he was no longer covered under a life insurance plan and the...

 

HTMLFlorida Statute Deeming Workers’ Compensation an Exclusive Remedy Declared Unconstitutional by 11th Circuit Trial Court
Michael D. Logan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 1, 2014, previously published on October 23, 2014
On Wednesday, August 13, 2014, 11th Circuit Trial Judge Jorge E. Cueto entered a Summary Final Judgment Order declaring the exclusive remedy provision of the Workers’ Compensation Act (the Act) unconstitutional. In Julio Cortes v. Velda Farms LLC (Case No. 2011-13661-CA-25 in Circuit Court of...

 


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