Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 183


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HTMLIllinois Appellate Court Finds Defendant Not Liable for “Speculative” Workplace Asbestos Exposure
Charles W. Planek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 30, 2014
The Illinois Appellate Court for the Fourth District affirmed a jury’s defense verdict in Holloway v. Sprinkmann Sons Corporation of Illinois, 2014 IL App (4th) 131118 (December 16, 2014). The plaintiff testified that from 1962 to 1976 she worked at the defendant’s plant and during that...

 

HTMLOverview of HUD’s 2013 Guidance on Assistance Animals as Reasonable Accommodations under the Federal Fair Housing Statutes, and Post-guidance Developments
Yoora Pak, Angela M. Sekerka; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 18, 2014
The Fair Housing Amendments Act (FHAA) makes it unlawful to discriminate against disabled individuals in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of disability. 42 U.S.C.S. § 3604(f)(1). The FHAA’s definition of unlawful...

 

HTMLAfter-hours Time Spent by Employees for Required Security Checks Is Not Integral to the Employees’ Job and Not Compensable under FLSA
Adam J. Detsky, Henry L. Solano; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 16, 2014
In Integrity Staffing Solutions, Inc. v. Busk et al., the United States Supreme Court ruled unanimously that workers who fill orders in Amazon.com warehouses need not be paid for the time they are required to spend waiting for and subsequently going through security screenings at the completion of...

 

HTMLNew York Environmental Commissioner Will Issue an Order Early Next Year Banning “Fracking,” Under a Moratorium Since 2008
Alexander L. Betke, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 22, 2014
In a much-anticipated report, the New York State Department of Health has concluded that high-volume hydraulic fracturing (HVHF) should be banned statewide. In a nutshell, the Department found that there was insufficient scientific evidence that fracking was safe. The report stated in relevant part...

 

HTMLCourt Rejects Fiduciary Duty Breach by Claims Administrator Acting on Behalf of Plan Sponsor
Samantha R. Birch, Edna S. Kersting; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 12, 2014
In the recently decided matter of Van Loo, et al. v. Cajun Operating Company, et al., No. 2:2014cv10604 (E.D. Mich. 2014), the U.S. District Court for the Eastern District of Michigan rejected allegations of a fiduciary duty breach brought against Reliance Standard Life Insurance Company, the...

 

HTMLThe Sum of All Parts: Second and Ninth Circuits Poised to Address Movie “Authorship”
Stephen J. Barrett; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 3, 2014
“There are no small parts, only small actors.” So says the film and theater maxim most frequently attributed to Russian actor and director Constantin Stanislavski. But how small a contribution is enough for an actor or director to claim authorship over the whole of a film? And, if an...

 

HTMLTenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s Perspective
Joseph F. Bermudez, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 10, 2014
In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for use in homes and sells the windows to distributors. Certain AMSCO windows were installed in new homes built in Nevada, and the homeowners brought...

 

HTMLRecent Decisions Reinforce the Value of Quality over Quantity in a Reservation of Rights Letter
Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 12, 2014
In two recent cases, Advantage Builders & Exteriors v. Mid-Continent Casualty Co. No. WD 76880 (Mo. Ct. App. Sept. 2, 2014) and EAN Services, LLC v. Brunson, No. 2-14-118 (Ill. Ct. App. September 8, 2014), the courts remind insurance carriers that an ineffective reservation of rights can be...

 

HTMLData Security, Cyber Liability and First-party Costs for Mid Cap and Small Companies Are Reaching Catastrophic Levels
Joseph F. Bermudez, Scott Sweeney, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 15, 2014
Curiously, while the numbers on data security and cyber liability losses have grabbed headlines, the published information has not focused on the insurance perspective. NetDiligence® recently released its Cyber Claims Study 2014 (the Study), which focuses on cyber liability insurance claims and...

 

HTMLCalifornia Amends Law to Expand Businesses’ Obligations in the Wake of a Data Breach
Gregory Bautista, Donald P. Sullivan, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 9, 2014
Entities that own, license or maintain personally identifiable information on California residents beware - on January 1, 2015, an amendment to California’s privacy and breach law goes into effect that may have a significant impact on the way entities respond to data breaches. Starting in...

 


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