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HTMLCompliance Matters: We Interrupt Our Regularly Scheduled Programming...
Fred N. Knopf; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 24, 2014, previously published on April 15, 2014
While we strive to bring you the latest regulatory matters that we believe you will find important for compliance purposes, we would like to take a moment to bring you information that may be just as valuable.

 

HTMLWyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify as “Trade Secrets”
Carl J. Pernicone; Wilson Elser Moskowitz Edelman Dicker LLP;
Legal Alert/Article
March 31, 2014, previously published on March 19, 2014
On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the Wyoming Public Records Commission (Commission) that the ingredients in...

 

HTMLWyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify as “Trade Secrets”
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2014, previously published on March 19, 2014
On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the Wyoming Public Records Commission (Commission) that the ingredients in...

 

HTMLWyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify as “Trade Secrets”
Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 21, 2014, previously published on March 19, 2014
On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the Wyoming Public Records Commission (Commission) that the ingredients in...

 

HTMLUnited States to Relinquish Remaining Control of the Internet and Oversight of the Internet Corporation for Assigned Names and Numbers (ICANN)
Adam R. Bialek, Gregory N. Brescia; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 19, 2014, previously published on March 18, 2014
On Friday, March 14, 2014, after a little more than 15 years of control, the United States National Telecommunications and Information Administration (NTIA) announced its intention to relinquish its remaining control of the Internet and oversight of the Internet Corporation for Assigned Names and...

 

HTMLFlorida Supreme Court Rules an Insured Can Use Payments from a Third Party to Satisfy a Self-insured
Alan Fiedel, Kelly M. Peña; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 19, 2014, previously published on March 17, 2014
On February 6, 2014, in Intervest Construction of Jax, Inc., et al. v. General Fidelity Insurance Company, the Florida Supreme Court held that an insured can use payments from a third party to satisfy a self-insured retention provision, and that - absent an explicit provision to the contrary - a...

 

HTMLIllinois District Court Rejects Strict Application of the “Bare Metal” Asbestos Defense
Karen E. Bettcher, Anthony M. Goldner; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 19, 2014, previously published on March 13, 2014
On February 14, 2014, the U.S. District Court for the Northern District of Illinois, in Quirin v. Lorillard Tobacco Company, et al., rejected strict application of the “bare metal” defense, under which defendants cannot be held liable for the dangers of asbestos-containing parts...

 

HTMLWest Virginia High Court Finds Carbon Monoxide Exposure Claims Arising from the Same Source Are a “Single Occurrence” for Coverage Purposes
Carl J. Pernicone, Robert E. Rider; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 14, 2014, previously published on March 13, 2014
In Kosnoski, et. al. v. Rogers, et. al., Case No. 13-0494 (2/18/14), the West Virginia Supreme Court of Appeals recently held that two different incidents of exposure to carbon monoxide poisoning arose from the same “occurrence” because the respective bodily injury and death resulted...

 

HTMLNew York Court of Appeals Holds Property Policy Time Limitation for Replacement Costs Suits Amounts to “Claim Nullification”
Carl J. Pernicone, Robert M. Weber; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 14, 2014, previously published on March 12, 2014
Will New York courts enforce a time-limitation period for suits for replacement costs against an insurer under a property policy, even if the insured could not have completed the replacement work in the required time period? No, said the Court of Appeals in its opinion in Executive Plaza, LLC v....

 

HTMLNew York Court of Appeals Sustains Delay in Disclaimer Based on Insured’s Lack of Cooperation
Wendy J. Keenan, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 10, 2014, previously published on March 6, 2014
Will a New York court excuse an insurer’s delay in disclaiming coverage based on an insured’s failure to cooperate, when the facts confirm that it did so as soon as reasonably possible after it determined that the insured would not cooperate in the defense, investigation or settlement...

 


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