Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 127


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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...

 

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...

 

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...

 

HTMLMaryland Court Reconsiders a Company’s Duty to Warn of Asbestos-containing Replacement Parts It Did Not Manufacture or Otherwise Introduce into the Stream of Commerce
Helyna M. Haussler, Carolyn F. O'Connor; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 1, 2014, previously published on October 22, 2014
Maryland’s Court of Special Appeals recently reconsidered the duty to warn of asbestos-containing replacement parts that the defendants did not manufacture or place in the stream of commerce in Philip Royce May v. Air & Liquid Systems Corp., et al, No. 2670 (Md. App. Oct. 3, 2014). The...

 

HTMLFlorida Appeals Court: In First-Party Coverage Dispute, Ruling That Insurer Breached Contract Is Not Prerequisite to Insured’s Filing a Bad Faith Claim
Kenneth L. Baker; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 18, 2014, previously published on October 13, 2014
Under Florida law, must a policyholder first prevail on a breach of contract action against the insurer before a bad faith claim may be filed? No, said a majority of the Florida Fourth District Court of Appeal, en banc (the entire court, rather than just a panel of selected judges) in Cammarata v....

 

HTMLU.S. District Court Judge Bars Plaintiff’s Individual Disability Claims in Their Entirety by Application of the Doctrine of Collateral Estoppel
Salvatore A. Clemente, Maria-Louise G. Perri; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its insured’s claims for breach of contract, breach of fiduciary duty...

 

HTMLCyber Voluntary Payment Defense Thwarted by Bank Fraud Regulation
Joseph F. Bermudez; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 17, 2014, previously published on October 9, 2014
Financial institutions are one of the entities most threatened by cyber crisis events. As data breaches and cyber threats become more inventive, the risks to financial institutions and their clients continue to grow. However, as recent studies have established, no commercial area is free from a...

 

HTMLFDA Outbreak Response Is Not a Constitutional Taking
Joseph F. Bermudez, Robert F. Roarke; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by the U.S. Court of Federal Claims advises that compensation in such...

 

HTMLNational Transportation Safety Board Procedures to Change: Comments Due by October 14, 2014
Thomas W. Tobin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
If you have participated in the investigation of a major transportation calamity, you are likely familiar with the bold yellow lettering on the blue jackets of National Transportation Safety Board (NTSB) investigators. These are the folks charged with determining the probable cause of many...

 

HTMLCalifornia Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under California’s Medical Confidentiality Act (the Act) due to the alleged...

 


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