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HTMLLong-tail Risk on the Horizon for the Tanning Bed Industry
Danny Vogel; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on February 17, 2015
As the United States continues through a winter that included a historic blizzard in the Northeast, many of us may be longing for summer days spent on the beach, soaking up the sun and working on a tan. A number of people, however, may not bother waiting until summer and will instead visit one of...

 

HTMLPennsylvania Product Liability Law Still Smoking after Reversal of Tincher
Jonathan Dryer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 16, 2015
On November 19, 2014, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex, Inc., No. 7 MAP 2013, a case closely followed by the Product Liability Bar in Pennsylvania. The Supreme Court’s decision was expected by many to resolve a lingering conflict in...

 

HTMLLicensing Boards Can Fine You - Even If They Can’t Find You
Jodi V. Terranova; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 26, 2015
It the fast-paced world of health care, it is easy to forget the simple things - like notifying your state licensing board about address changes. It seems trivial, but there may be consequences for a physician who fails to update her physician profile.

 

HTML“Raging Bull” Settles but Its Repercussions Persist
Laura A. Alos, Adam R. Bialek, Gregory N. Brescia; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on April 9, 2015
The United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc., et al., 134 S. Ct. 1962 (U.S. 2014) delivered a clear message to copyright holders and those who wish to capitalize on those copyrights. The ruling states that invoking laches cannot restrict the relief...

 

HTMLDon’t “Dabble” in Employee Benefit Plan Auditing
Peter J. Larkin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on March 27, 2015
For years, U.S. Department of Labor Chief Accountant Ian Dingwall has been advising employee benefit plan administrators to avoid using auditors who “dabble” in employee benefit plans. During this period, the DOL has consistently found that approximately one third of the employee...

 

HTMLEven the Great Wall of China Can’t Hide a U.S. Distributor in a Product Defect Lawsuit
Curt J. Schlom; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on April 1, 2015
The Illinois First District Appellate Court recently held that a U.S. distributor cannot escape liability under the Illinois Distributor Release Statute if the plaintiff was unable to obtain jurisdiction over a Chinese defendant against which a default judgment was issued.

 

HTMLCall Me, Maybe
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on February 17, 2015
There has been an increase in lawsuits against financial institutions under the Telephone Consumer Protection Act (TCPA), and recent multimillion-dollar class action settlements raise significant concerns in the financial services industry regarding the efficacy of existing compliance protocols....

 

HTMLNo Attorney Disbarment in NJ for Misappropriation of Law Firm Funds
Brian S. Gatens; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on December 19, 2014
As we are taught in law school, and as some members of the public find hard to believe, attorneys are held to the highest ethical standards. One of the surest ways for an attorney to secure his or her disbarment is to misappropriate funds. In a December 18, 2014 decision, however, the New Jersey...

 

HTMLWARNING! If You Assume Your Case Will Survive Because You Have a “Creative” Warnings Expert, You Do So At Your Own Risk
Ernest V. Goodwin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on December 15, 2014
Those of us in the business of defending products look at the world in a slightly different way. When I come across a warning label, I actually study it because in a failure to warn case, the language of the warning, the color of the label and its location on the product are relevant to the...

 

HTMLIt Takes One to Confront One in a Professional Liability Claim
Brian S. Gatens; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 20, 2015
Would an architect by any other name smell as sweet? The answer is no when it comes to authoring an affidavit of merit in New Jersey. A recent case made clear that an affidavit from a professional licensed in a different field cannot support a professional liability claim, even if they have...

 


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