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HTMLRecent Case Advances Ninth Circuit Law on Pleading Diversity of Citizenship on Information and Belief
Melissa A. Murphy-Petros, James K. Thurston; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 6, 2014, previously published on February 26, 2014
Insurers frequently file coverage actions in federal court, and when they do, jurisdiction is often predicated on diversity. Pursuant to 28 U.S.C. § 1332(a), a federal district court has original jurisdiction of a civil action between citizens of different states in which the amount in...

 

HTMLDespite the Best of Intentions, Paving the Way for the Next Financial Meltdown Part II: Getting Ready
Frederick J. Pomerantz; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 6, 2014, previously published on February 25, 2014
As discussed in Part I of our Client Alert, “Despite the Best of Intentions, Paving the Way for the Next Financial Meltdown,” dated August 22, 2013, the Financial Stability Board (FSB) is studying the application of the key attributes of effective resolution regimes for financial...

 

HTMLPennsylvania Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of Latent Occupational Disease Lawsuits
Michael J. Cawley; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 21, 2014, previously published on February 18, 2014
On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’ Compensation Act (the Act) did not provide a bar to the lawsuits...

 

HTMLPennsylvania Supreme Court Rules on Whether Drug Company Has Expanded Duties
Henry F. Canelo, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 19, 2014, previously published on February 10, 2014
On January 21, 2014, the Pennsylvania Supreme Court held in a 4-2 vote in Lance v. Wyeth, 2014 PA. 17 EAP 2011 (PA Supreme Court 2014), that a pharmaceutical company for the first time under Pennsylvania law may face negligence claims where the drug manufacturer introduced a drug into the...

 

HTML2014: The Affordable Care Act Is Alive and Well - Are You Ready?
Frank J. Fanshawe, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 19, 2014, previously published on February 13, 2014
The U.S. Department of the Treasury (Treasury) recently announced yet another delay in the Employer Shared Responsibility (ESR) provisions of the Affordable Care Act (ACA). While this latest suspension in the enforcement of the ESR provisions may lead some employers and insurers to believe that...

 

HTMLFeeling the Heat in Florida: Could Canadian Insurers Be Exposed to Florida’s Unfriendly Bad Faith Laws?
John W. Bussey, Brian Del Gatto, Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 19, 2014, previously published on February 10, 2014
Could a Canadian insurer that only insures Canadian residents still be sued for bad faith in Florida for failing to performing certain duties that must be performed in Florida? A recent Florida intermediate appeals court decision - Betzoldt v. Auto Club Group Insurance Company, (38 Fla. L. Weekly...

 

HTMLSupreme Court of Kentucky Effectively Abrogates the Open-and-Obvious-Danger Doctrine
Edward M. O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 3, 2014, previously published on January 29, 2014
Two seminal opinions on premises liability law issued by the Supreme Court of Kentucky have substantially redefined the open-and-obvious-danger doctrine, with significant implications for premises liability claims. Generally, land possessors owe invitees a duty to discover unreasonably dangerous...

 

HTMLU.S. Supreme Court Raises Threshold for Suing Foreign Companies in the United States
Ernest V. Goodwin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
January 30, 2014, previously published on January 22, 2014
Last year, in two decisions, the U.S. Supreme Court upheld the protection afforded to manufacturers in International Shoe Co. v. Washington, 326 U.S. 310 (1945).

 

HTMLAffordable Care Act Has Potential to Limit a Defendant’s Exposure for Future Medical Costs in New York Personal Injury Litigation
Joseph A.H. McGovern, John D. Morio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
January 17, 2014, previously published on January 17, 2014
Generally overlooked in the national debate surrounding the Patient Protection and Affordable Care Act (ACA) is the effect the new law will have on personal injury litigation. If standard loss-allocation and mitigation rules are followed, the new law should have a significant impact on a personal...

 

HTMLPennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas Operations
Michael J. Cawley, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
January 17, 2014, previously published on January 15, 2014
On December 19, 2013, in Robinson Township v. Commonwealth of Pennsylvania et al., the Pennsylvania Supreme Court declared portions of Act 13 of 2012 (Act 13), commonly known as the “Marcellus Shale Act,” unconstitutional. As enacted by the Pennsylvania legislature and signed into law...

 


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