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HTMLPennsylvania Magistrate Judge Recommends That Plaintiff’s Claims Be Barred in Their Entirety by Application of the Doctrine of Collateral Estoppel
Salvatore A. Clemente, Maria-Louise G. Perri; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 22, 2014
In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a Magistrate Judge issued a Report and Recommendation granting an individual disability insurer summary judgment on an insured’s claims for breach of contract, breach of fiduciary duty and statutory bad...

 

HTMLNYS Department of Health Developing Regulations Governing Use of Medical Marijuana for Official Launch in January 2016
Alexander L. Betke, Emily E. Whalen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
As one of its final acts of the 2014 legislative session, the New York State Legislature passed the “Compassionate Care Act” making New York the twenty-third state to permit the use of medical marijuana. This new law will allow doctors to prescribe marijuana in a nonsmokeable form to...

 

HTMLNY Commercial Division Rule 9 Allows for Pre-dispute Efficiencies
Gregory W. Gilliam; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 29, 2014
Effective June 2, 2014, Rule 9 of section 202.70(g) of the Uniform Rules for the Supreme and County Courts (Rules of Practice for the Commercial Division) became New York’s latest rule evolution aimed at greater efficiency. The Commercial Division (the branch designated in New York for...

 

HTMLKentucky Court of Appeals Holds Statute of Limitations on Underinsured Motorist Claims Begins to Run Upon Denial of Claim
James M. Burd, Edward M. O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 19, 2014, previously published on September 12, 2014
In a case of first impression, a divided panel of the Kentucky Court of Appeals recently held in Hensley v. State Farm Mut. Auto. Ins. Co., 2013-CA-000006-MR (Ky. App. Aug. 15, 2014), that the statute of limitations on underinsured motorist (UIM) claims begins to run upon denial of a claim by the...

 

HTMLUnder the Right Circumstances, an Insured Entitled to “Independent Counsel” in California Can Retain More Than One Firm
Carey B. Moorehead; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
In a case of first impression, a California District Court has ruled that California law does not preclude an insured from retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of rights. The court’s ruling came in the case of Signal...

 

HTMLThe Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection Approval
Geewon Cha, Barbara Hopkinson Kelly; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of Environmental Protection (DEP) in determining the remediation...

 

HTMLNational Transportation Safety Board Procedures to Change: Comments Due by October 14, 2014
Thomas W. Tobin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 19, 2014, previously published on August 15, 2014
If you have participated in the investigation of a major transportation calamity, you are likely familiar with the bold yellow lettering on the blue jackets of National Transportation Safety Board (NTSB) investigators. These are the folks charged with determining the probable cause of many...

 

HTMLWhere Suicide Is Caused by Intentional Infliction of Emotional Distress, Illinois Now Recognizes Ensuing Actions for Wrongful Death and Survival
Melissa A. Murphy-Petros; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
The Illinois Appellate Court has held, as a matter of first impression in the state, that where a plaintiff can satisfy the elements of the tort of intentional infliction of emotional distress and the emotional distress is a substantial factor in causing a decedent’s suicide, causes of action...

 

HTMLU.S. Supreme Court Issues Important Decision Affecting Fiduciaries of ESOPs
Emily A. Hayes; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 19, 2014, previously published on August 12, 2014
In a recent decision, Fifth Third Bankcorp v. Dudenhoeffer, 189 L.Ed. 2d 457 (2014), the U.S. Supreme Court vacated the “presumption of prudence” previously given to fiduciaries of employee-owned stock ownership plans (ESOPs) by many circuits, including the Second Circuit in In re...

 

HTMLWhat Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as Unconstitutional
Michael J. Cawley, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 19, 2014, previously published on August 15, 2014
Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court struck down as unconstitutional provisions of Act 13 that required...

 


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