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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...

 

HTMLUnanimous Wisconsin High Court Sustains Broad Asbestos Exclusion That Comprehensively and Unambiguously Bars Coverage for Any Asbestos-related Loss
William J. Katt, Carl J. Pernicone, Heather L. Utlaut; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
In Phillips v. Parmelee, 2013 WI 105 (December 27, 2013), the Wisconsin Supreme Court rejected the argument that a broad asbestos exclusion in a business insurance policy was ambiguous. A unanimous court ruled that a real estate seller is not covered for an alleged failure to disclose the presence...

 

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...

 

HTMLIllinois Appeals Court Rejects Application of Absolute Pollution Exclusion to Claim for Unpleasant Odors Emanating from Hog Farm Manure
Loren S. Cohen, Jacob R. Graham, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
January 3, 2014, previously published on December 24, 2013
In Country Mutual Insurance Company v. Hilltop View, LLC, 2013 IL App (4th) 130124, an intermediate Illinois appeals court held that the absolute pollution exclusion in an umbrella policy did not preclude coverage for a claim by neighbors for unpleasant manure odors arising out of the...

 

HTMLNew Jersey Court of Appeals: Discovery Related to Bad Faith Claims Should Be Stayed Pending Resolution of Insurance Claims for UM/UIM Benefits
Kim M. Connor, Thomas F. Quinn; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 20, 2013, previously published on December 18, 2013
On November 21, 2013, in Procopio v. Government Employees Insurance Company, a/k/a and d/b/a GEICO, Docket No. A23-1-12T2, an intermediate New Jersey appeals court held that in a pending uninsured motorist (UM) or underinsured motorist (UIM) coverage case, a policyholder may not file a complaint...

 

HTMLNew York’s Highest Court Reverses Itself on Prior Damages-Limiting Decision
Eugene T. Boulé, Guy J. Levasseur, Adam B. Rosen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 17, 2013, previously published on December 16, 2013
In the first Maria Auqui v. Seven Thirty One Limited Partnership et al. (Auqui) decision earlier this year (February 14, 2013), the Court of Appeals held that when a Workers' Compensation Board (WCB) decision sets forth the date a worker’s disability ended, a trial court in a third-party...

 

Adobe PDFPunitive Damages Based on Gross Negligence: Massachusetts Bucks the Trend
Christopher P. Flanagan, Christopher J. Seusing; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 16, 2013, previously published on December 2013
In the recent decision in Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013), the Massachusetts Supreme Judicial Court (SJC) found that an $18 million punitive damages award based on gross negligence was not grossly excessive or violative of due process. As one of eight states that permit punitive...

 

HTMLExclusion Requested by First Named Insured and Contained in the Prior Policy Is Binding on All Named Insureds, Even Those Unaware of the Exclusion
Carl J. Pernicone, Robert E. Rider; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 13, 2013, previously published on December 10, 2013
In Berkhouse v. Great American Assurance Co., Case no. 13-0264, November 22, 2013, the West Virginia Supreme Court of Appeals rejected the argument by an injured party in a third-party declaratory judgment suit that an umbrella policy’s liquor liability exclusion unknown to a named insured...

 

HTMLRecent U.S. Supreme Court Opinion Supports Forum Selection Clauses in Interstate Contracts
William K. Enger, Tracy J. Luu-Varnes; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 13, 2013, previously published on December 9, 2013
On December 3, 2013, the United States Supreme Court in a unanimous decision made an important ruling that supports forum selection clauses in interstate contracts. In Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, et. al. (12-929,...

 

HTMLCalifornia Protects Minors from the Internet by Imposing Restrictions on Online Marketing or Advertising of Products Minors Cannot Legally Purchase
D. Victoria LaBrie, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 13, 2013, previously published on December 6, 2013
Operators of Internet websites and online services, online applications or mobile applications (online media) will be prohibited from targeting minors with advertisements for goods that a minor cannot legally purchase and services in which a minor cannot legally engage. The new restrictions are set...

 


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