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HTMLSix-Year Statute of Limitations Applies to Spill Act Contribution Claim
Suna Lee; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 25, 2013, previously published on September 23, 2013
On August 23, 2013, the New Jersey Appellate Division held that the general six-year statute of limitations for property damage applies to a private claim for contribution under the Spill Compensation and Control Act, N.J.S.A. § 58:10-23.11, et seq. (Spill Act). In Morristown Associates v....

 

HTMLBusiness Associate Definition Expanded and HHS Empowered to Impose New Civil Fines
Frank J. Fanshawe, Jason LaFlam; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 25, 2013, previously published on September 23, 2013
Long-awaited omnibus regulations (Omnibus Rule) adopted earlier this year by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) made significant modifications impacting “business associates” to the HIPAA Privacy, Security, Enforcement and Breach Notification...

 

HTMLLives and Businesses Interrupted by Rocky Mountain Floods
Joseph F. Bermudez, Jessica C. Collier, Suzanne M. Meintzer, Melissa W. Shisler; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 23, 2013, previously published on September 19, 2013
Over the past several days, severe flooding has inundated several states in the Rocky Mountain Region. Following the nearly fifteen inches of rain dumped on parts of Colorado, the resulting floods continue to wreak havoc in a state already reeling from losses suffered during the recent forest fires...

 

HTMLCalifornia Appellate Court Expands Rights to Homeowners in Construction Defect Cases beyond Remedies Provided in the California Right to Repair Act
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 23, 2013, previously published on September 19, 2013
On August 28, 2013, the California Appellate Court (Fourth District) issued its ruling in the case of Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (Case No. GO46731). Liberty Mutual filed suit against Brookfield to recover relocation expenses that it paid on behalf of its insured...

 

HTMLAppellate Court in New Jersey Imposes a Limited Duty of Care on Texters in Connection with Personal Injury Matters
Maxwell L. Billek, Christopher W. McClanahan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 9, 2013, previously published on September 5, 2013
In Kubert v. Best (Superior Court of New Jersey, App. Div. Docket No. A-1128-12T4, approved for publication August 27, 2013), the court held that an individual texter who knows or has a reason to know that the recipient of the text is driving and will read the text “owes a duty of care to...

 

HTMLOmnibus HIPAA/HITECH Rules Require Changes to Notice of Privacy Practices Prior to September 23, 2013
Frank J. Fanshawe, Jason LaFlam; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 4, 2013, previously published on Spetember 3, 2013
Earlier this year, the Office for Civil Rights (OCR) in the Department of Health and Human Services (HHS) issued its long-awaited omnibus regulations that make significant modifications to the HIPAA Privacy, Security, Enforcement and Breach Notification Rules. These modifications are the result of...

 

HTMLDespite the Best of Intentions, Paving the Way for the Next Financial Meltdown
Frederick J. Pomerantz; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 24, 2013, previously published on August 22, 2013
At the Cannes Summit in November 2011, the G-20 Leaders endorsed the Key Attributes of Effective Resolution Regimes for Financial Institutions (‘the Key Attributes’) as the international standard for resolution regimes. As reported in Bloomberg Business Week on August 12, 2013 [C....

 

HTMLU.S. Department of Health and Human Services Imposes $1.2 Million Penalty For Protected Health Information Breach Involving Leased Copiers
Frank J. Fanshawe, Jason LaFlam; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 24, 2013, previously published on August 22, 2013
Covered entities should examine their procedures to evaluate and safeguard protected health information (“PHI”) that may be stored on leased photocopiers and other office equipment. Under a settlement with the U.S. Department of Health and Human Services (“HHS”), Affinity...

 

HTMLConnecticut Supreme Court: “Make Whole” Doctrine Is Default Rule, But Does Not Apply to Policy Deductibles
Stephen P. Brown, Carl J. Pernicone, Samuel I. Reich; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 12, 2013, previously published on August 9, 2013
In Fireman’s Fund Ins., Co. v. TD Banknorth Insurance Agency, Inc., SC 18796 (Conn. 07/30/2013), the Connecticut Supreme Court answered two certified questions of first impression under Connecticut insurance law:

 

HTMLMaryland’s Highest Court Rules It Would Be Contrary to Legislative Mandates for the Maryland Judiciary to Abrogate the Contributory Negligence Doctrine
Maryan Alexander, Angela W. Russell; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 1, 2013, previously published on July 31, 2013
Writing for the majority in James K. Coleman v. Soccer Association of Columbia (No. 9, September Term, 2012), Judge John C. Eldridge explained that, even though the court has the authority to abrogate the contributory negligence doctrine, it declined to change the negligence system in Maryland...

 


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