Legal Articles: Wilson Elser Moskowitz Edelman & Dicker LLP

 







Document(s) published by this organization: 83


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HTMLU.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases
Lalit K. Loomba; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 22, 2015, previously published on December 10, 2015
The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to struggle with balancing the public interest in community safety against the...

 

HTMLNJ Supreme Court Upholds Insurer’s Right to Rescind When Professional Liability Insurance Is Procured by Fraud
Anne M. Dalena, Thomas F. Quinn; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 22, 2015, previously published on December 9, 2015
On December 1, 2015, in DeMarco v. Stoddard, the New Jersey Supreme Court, in a 5-2 decision, reversed an Appellate Division decision, DeMarco v. Stoddard, 434 N.J. Super. 352 (App Div. 2014), and held in favor of the insurance company in upholding an insurer’s right to rescind when...

 

HTMLFlorida Supreme Court Embraces “Consumer-Expectation” Test for Design Defect Claims
Walter G. Latimer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 11, 2015, previously published on December 8, 2015
The Florida Supreme Court recently issued a significant decision that will affect all strict product liability/design defect cases litigated in Florida. In Aubin v. Union Carbide, decided October 29, 2015, the Court rejected the risk-utility test in favor of the consumer-expectation test. The...

 

Adobe PDFWill Amendments to Federal Rules of Civil Procedure 26(b)(1) and 37(e) Reduce the Scope and Costs of Discovery?
Daniel M. Braude, Marianna Codispoti; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 9, 2015, previously published on December 1, 2015
December 1, 2015, which quite fittingly has been declared the inaugural E-Discovery Day, marks the implementation of a package of amendments to the Federal Rules of Civil Procedure, concluding a process that began more than five years ago. Most notably, Rules 26(b)(1) and 37(e) have received...

 

HTMLPrivacy and Security: Highlights from the HHS Inspector General’s 2016 Work Plan
Frank J. Fanshawe, Damian J. Privitera; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 8, 2015, previously published on November 30, 2015
On November 2, 2015, the Office of Inspector General (OIG) for the Department of Health and Human Services (HHS) announced its Work Plan for Fiscal Year 2016 (2016 Work Plan), which describes the OIG’s investigative focus for the upcoming year. Although the OIG’s 2016 Work Plan...

 

HTMLFlorida Supreme Court on Evidence of Collateral Source Benefits
Kathy Arline, Nicholas D. Freeman; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 27, 2015, previously published on November 12, 2015
It is not uncommon for a defendant in a product liability case at trial to be faced with an inflated and exaggerated claim for future medical expenses for the injured plaintiff. In those instances, the defendant will want to show that the plaintiff will be entitled to receive benefits from...

 

HTMLWhen Less Is More: The Pitfalls of Saying Too Much in Professional Contracts
Eric G. Cheng; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 27, 2015, previously published on November 13, 2015
Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to avoid responsibility for problems that arise in the execution of the...

 

HTMLThe Internet of Things and the Inevitable Collision with Product Liability PART 5: Security and the Industrial Internet Consortium
H. Michael O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 27, 2015, previously published on November 24, 2015
The rapid emergence of the Internet of Things (IoT) led to the establishment of the Industrial Internet Consortium (IIC) in the spring of 2014 by five primary stakeholders: AT&T, Cisco, General Electric, IBM and Intel. IIC now claims a membership of 211 in more than 26 countries. Each of the five...

 

HTMLNYCAL Presiding Judge Rules Manufacturer Should Have Reasonably Anticipated Asbestos Litigation 10 Years Before First Lawsuit
Erik C. DiMarco; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 27, 2015, previously published on November 24, 2015
On November 5, 2015, Judge Peter H. Moulton, presiding judge over the New York City Asbestos Litigation (NYCAL), ruled in Warren v. AmChem Products, et al., 190281/2014, that J-M Manufacturing Company, Inc., was subject to spoliation sanctions for the destruction of corporate documents in two...

 

HTMLIllinois Supreme Court Decision Bars Employee from Bringing a Direct Civil Action against Employer for Alleged Asbestos Exposure Injuries
Anthony M. Goldner, Brian C. Padove; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 26, 2015, previously published on November 12, 2015
In Folta v. Ferro Engineering, Ill.S.Ct. Docket No. 118070, Nov. 4, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision and held that a personal injury and subsequent wrongful death suit brought on behalf of a former employee who died from mesothelioma 41 years after...

 


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