Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 125


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HTMLDe Facto Plan Administrator Claims in the First Circuit
Joshua Bachrach; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 17, 2014, previously published on July 10, 2014
According to 29 U.S.C. § 1132(c)(1)(B) of ERISA, it is within a court’s discretion to award a penalty of up to $110 per day based on an administrator’s failure to comply with a plan participant’s or beneficiary’s request for plan documents. Citing to Law v. Ernst &...

 

HTMLHow Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 27, 2014, previously published on June 24, 2014
In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection Agency (EPA) it authorized displace - that is, preempt - “any federal...

 

HTMLPoland Spring Wins Defense Verdict in High Exposure Trial
Gerard J. Heubel, Elizabeth D. Ho Sing, Stuart A. Miller; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
Nestlé Waters North America prevailed in a high-exposure case related to a 2011 automobile accident that occurred on Route 347 in Smithtown, NY, involving a Poland Spring truck and an automobile driven by the plaintiff, George Kohler. The case was venued in New York State Supreme Court,...

 

HTMLStatute of Repose: A New Weapon in Environmental Defense Counsel’s Arsenal
Geewon Cha, Barbara H. Kelly; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 18, 2014, previously published on June 12, 2014
The June 9, 2014, Supreme Court ruling in CTS Corp v. Waldburger represents a victory for companies and landowners with legacy environmental liabilities in states with a statute of repose applicable to tort claims. Moreover, this decision may spawn tort reform in those states currently lacking a...

 

HTMLConnecticut Appellate Court Rules Reinstatement of Coverage After Lapse for Nonpayment Is Prospective Only
Anthony B. Corleto; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 18, 2014, previously published on June 12, 2014
When a homeowner’s insurer reinstates coverage that was cancelled for nonpayment of premium, can it avoid coverage for a fire loss that happened while the policy was cancelled? Yes, said the Connecticut Appellate Court in the recent decision Brown v. State Farm Insurance Co., 150 Conn. App....

 

HTMLCalifornia Court of Appeal Overturns Nonsuit Granted in Household Exposure Asbestos Case Where Trial Court’s Decision Was Based on Campbell v. Ford Motor Co.
Eimi Watanabe; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
On May 15, 2014, the First District Court of Appeal in California found that the trial court had erred in granting a nonsuit in favor of Pneumo Abex, LLC (Abex) in the asbestos personal injury action of Johnny Blaine Kesner, Jr. v. Superior Court of Alameda County. The Court held that an employer...

 

HTMLSchool District’s Potential Liability for Bullying Not Limited to Its Own Students
Jonathan E. Meer, David S. Sheiffer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
In a case of first impression in New York, a state court has ruled that a school district can face potential liability under the state’s anti-bullying laws, even where the bullying victim is not one of its own students.

 

HTMLFlorida 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;
Legal Alert/Article
June 11, 2014, previously published on May 28, 2014
On 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...

 

HTMLGoogle and the Great Divide: U.S. Privacy Rights versus EU Privacy Rights
Anjali C. Das, Alicia A. Garcia, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 11, 2014, previously published on June 2, 2014
Will the “right to be forgotten” be the new mantra in cyber cases in the United States? Or will the “right to know” continue to prevail? In Europe, proponents of the “right to be forgotten” argue that individuals should be able to force search engines such as...

 

HTMLBad 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;
Legal Alert/Article
June 11, 2014, previously published on June 2, 2014
Two 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...

 


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