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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...

 

HTMLForeign Air Carriers Must Adhere to a “Family Assistance Plan” in the Event of an Accident on American Soil Resulting in Major Loss of Life
Gary A. Gardner, Tara J. Novack; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 6, 2014, previously published on February 26, 2014
Following the July 6, 2013, crash of Asiana Flight 214 in San Francisco, the U.S. Department of Transportation (DOT) fined Asiana Airlines $500,000 for failing to assist passengers’ families in accordance with the Foreign Air Carrier Family Support Act of 1997 (the Act). The forerunner of the...

 

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...

 

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...

 

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...

 

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...

 

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).

 

HTMLNew York High Court Shields Banks from Certain Direct Actions by Debtors
Constantine A. Despotakis, Morgan R. McCord; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
On November 21, 2013, the New York Court of Appeals, in response to a certified question from the U.S. Circuit Court of Appeals for the Second Circuit, ended the long-running debate over whether a separate, private plenary right of action could be implied under New York Civil Practice Law and Rules...

 


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