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HTMLU.S. Supreme Court Upholds Disparate-Impact Claims in Fair Housing Act Cases
Robert A. Spolzino; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 8, 2015, previously published on July 2, 2015
On June 25, 2015, in Texas Dep't of Housing and Community Affairs v. Inclusive Communities Project , the U.S. Supreme Court held that a plaintiff may establish a prima facie case under the Fair Housing Act (FHA) on the basis of statistical evidence that a governmental policy causes a disparate...

 

HTMLEleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers That Arose Out of Their Wrongful Acts as Trustees, an Uninsured Capacity
Thomas M. Spitaletto, James K. Thurston; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 8, 2015, previously published on June 30, 2015
On Monday, June 22, 2015, the Eleventh Circuit, in The Langdale Company v. National Union Fire Insurance Company of Pittsburgh, PA, No. 14-12723 (11th Cir. 2015), ruled for the insurer on a “capacity” exclusion in a director and officer policy that precluded coverage for loss in...

 

HTMLKentucky Supreme Court Reinforces Importance of Properly Incorporated Arbitration Provisions to Larger Agreements
Edward M. O'Brien; Wilson Elser Moskowitz Edelman Dicker LLP;
Legal Alert/Article
June 26, 2015, previously published on June 19, 2015
The Kentucky Supreme Court recently held that an arbitration provision signed by a class of students upon their application and acceptance to a for-profit college was unenforceable because the enrollment agreement did not properly incorporate the arbitration provision. Facing unemployment and...

 

HTMLHope for Computer-Related Patents
Gregory N. Brescia, Robert P. Feinland, Jura Christine Zibas; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 26, 2015, previously published on June 17, 2015
“Let's be clear: if all of these claims, including the system claims, are not patent-eligible, this case is the death of hundreds of thousands of patents, including all business method, financial system, and software patents as well as many computer implemented and telecommunications...

 

HTMLCommercial Division of the New York State Supreme Court Implements Rules to Streamline Litigation, Improve Efficiency, Enhance Judicial Expertise and Limit Costs
Peter A. Lauricella; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 24, 2015, previously published on June 16, 2015
In 1995, due to a growing caseload of complex commercial litigation matters being filed in New York State Supreme Court (New York’s trial-level court of “supreme” jurisdiction), the Office of Court Administration (OCA) created the Commercial Division of the Supreme Court....

 

HTMLColorado Supreme Court Upholds Employers’ Right to Terminate for Use of Medical Marijuana During Nonworking Hours
Shawna Ruetz, Henry L. Solano, Scott Sweeney; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 24, 2015, previously published on June 16, 2015
On June 15, 2015, in Coats v. Dish Network, No. 13SC394, the Colorado Supreme Court unanimously held under the plain language of C.R.S. § 24-34-402.5, Colorado’s “lawful activities statute,” that the term “lawful” refers only to those activities that are lawful...

 

HTMLSupreme Court Requires Proof of Criminal Intent Even If Facebook Threats Are Obvious to a Reasonable Person
Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 24, 2015, previously published on June 15, 2015
On June 1, 2015, in Elonis v. United States, &under;&under;&under;&under; U.S. &under;&under;&under; (2015) (Docket #13-983), a case involving statements made on the Criminal Defendant/Petitioner’s Facebook page, the U.S. Supreme Court reversed the Third Circuit’s September 2013 ruling,...

 

HTMLMichael Jordan Defends His Right to Remain in Court to Protect His Likeness
Adam R. Bialek, Jason M. Kuzniar; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 24, 2015, previously published on June 11, 2015
On March 19, 2015, Wilson Elser published “Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer,” an Alert concerning a case in which Michael Jordan was denied summary judgment on his right of publicity claim against Jewel Food Stores, Inc.,...

 

HTMLMontana Supreme Court Affirms Rule Requiring Insurer to Demonstrate Prejudice Resulting from Insured’s Late Notice
Erica L. Meek, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
On May 29, 2015, the Montana Supreme Court affirmed the application of the notice-prejudice rule in cases of third-party claims for damages. Atlantic Casualty Ins. Co. v. Greytak, 2015 MT 149, OP 14-0412 (Mt. 2015). The rule requires the insurer to establish prejudice as a condition to denying...

 

HTMLKentucky Federal Court Sustains Hospital Insurer’s Denial of Claim Due to Untimely Notice, Declines to Require Insurer Show Prejudice
Edward M. O'Brien, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 22, 2015, previously published on June 8, 2015
The U.S. District Court for the Eastern District of Kentucky recently held that an insurer properly denied coverage to a hospital because the hospital gave untimely notice of the claim. In Ashland Hospital Corporation v. RLI Insurance Company, Civil Action No. 13-143-DLB-EBA (E.D. Ky. Mar. 17,...

 


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