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HTMLThe Government Contractor Defense
John P. Loringer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on September 2, 2014
The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the requirements and scope of its application, is extremely important to companies that...

 

HTMLDaubert Déjà Vu
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on July 15, 2014
On June 27, 2014, in In Re: Zoloft, U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania issued an opinion excluding an expert in a case that bears a striking resemblance to the facts of Daubert v. Merrell Dow. We think Judge Rufe’s decision in Zoloft will serve as useful...

 

HTMLUpdate: Anti-Tire Aging Legislation in Massachusetts
Robert D. Sullivan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on May 20, 2014
Our February 18, 2014 blog, Massachusetts, Where Only Young Rubber Hits the Road, covered An Act to Increase Road Safety, proposed by the Massachusetts House of Representatives, which was assigned bill tracking number H3016. The Act would require issuance of a rejection certificate for any vehicle...

 

Adobe PDFEEOC Issues Enforcement Guidance on Pregnancy Discrimination and Related Issues Over Commissioners’ Dissent: An Overview and Best Practices for Employers in a Changing Landscape
Lisa Handler Ackerman; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on October 2014
On July 14, 2014, the EEOC issued Enforcement Guidance: Pregnancy Discrimination and Related Issues (Guidance). The Guidance is the first comprehensive update on the EEOC’s position on discrimination based on pregnancy in the workplace since 1983 and supersedes the earlier guidance.

 

HTMLFlorida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”
Sean M. McDonough; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on April 15, 2014
While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenets of discovery that apply to the standard document requests, also apply to this new technological source of information. The question of whether a demand for any and all...

 

HTMLNinth Circuit Court of Appeals Demands More from Website Operators Before Terms of Use Will Bind Users
Adam R. Bialek, Kerianne Losier; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 3, 2014, previously published on October 17, 2014
The Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc., No. 12-56628, August 18, 2014, US 9th Circuit, provides insight regarding courts’ treatment of Internet-based contracts of interest to those operating in the e-commerce space or any website owner seeking to rely on...

 

HTMLAbsent an Initial Showing That It Is a Fiduciary, Employer Is Immune from Breach of Fiduciary Liability Claim under ERISA in the Fourth Circuit
Heather Austin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 2, 2014, previously published on October 21, 2014
In Moon v. BWXT Technologies, Inc., 2014 U.S. App. LEXIS 12525 (4th Cir. July 2, 2014), the Fourth Circuit rejected fiduciary breach and equitable estoppel claims, determining that an employer’s failure to alert an employee that he was no longer covered under a life insurance plan and the...

 

HTMLNJ Supreme Court to Rule on Application of General Six-year Statute of Limitations to Spill Act Claims
Barbara Hopkinson Kelly, Erik M. Ortega; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 2, 2014, previously published on October 20, 2014
The Supreme Court of New Jersey recently heard arguments on whether private claims for contribution brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (Spill Act) are subject to a general six-year statute of limitations applicable to common law property...

 

HTMLMaryland Court Reconsiders a Company’s Duty to Warn of Asbestos-containing Replacement Parts It Did Not Manufacture or Otherwise Introduce into the Stream of Commerce
Helyna M. Haussler, Carolyn F. O'Connor; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 1, 2014, previously published on October 22, 2014
Maryland’s Court of Special Appeals recently reconsidered the duty to warn of asbestos-containing replacement parts that the defendants did not manufacture or place in the stream of commerce in Philip Royce May v. Air & Liquid Systems Corp., et al, No. 2670 (Md. App. Oct. 3, 2014). The...

 

HTMLFlorida Statute Deeming Workers’ Compensation an Exclusive Remedy Declared Unconstitutional by 11th Circuit Trial Court
Michael D. Logan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 1, 2014, previously published on October 23, 2014
On Wednesday, August 13, 2014, 11th Circuit Trial Judge Jorge E. Cueto entered a Summary Final Judgment Order declaring the exclusive remedy provision of the Workers’ Compensation Act (the Act) unconstitutional. In Julio Cortes v. Velda Farms LLC (Case No. 2011-13661-CA-25 in Circuit Court of...

 


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