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HTMLGAO and MITRE Sponsor Discussion on Information Sharing During a Crisis
Aaron J. Aisen; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 13, 2015
During a crisis, good information is critical to ensure a proper and prompt response. One big challenge is how to ensure good information sharing both between different levels of government and even between agencies at the same level of government.

 

HTMLMinnesota Court Finds Specific Provisions In Policy Exclusion Govern Over More General Follow Form Provisions
Jonathan Schapp, Jensen Varghese; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 17, 2014
This insurance coverage action stemmed from an underlying motor vehicle accident where Arnold Paster’s vehicle (driven by Paster and owned by Paster Enterprises) collided with Jerome G. Wind’s motorcycle. Wind sought coverage for his injuries from Paster Enterprises’ commercial...

 

HTMLFailure To Plead That Excess Liability Policies Were Implicated Leads To Dismissal Of Third Party DJ Complaint
Jensen Varghese, Clayton D. Waterman; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 20, 2015
In this declaratory judgment action, the court held that defendants Travelers Indemnity Company and Travelers Casualty and Surety Company (Travelers) had a duty to defend its insured Chicago Pneumatic Tool Company (Chicago Tool) for silica- and asbestos-related claims, prompting Traveler to file a...

 

HTMLTRIA - When the Ball Drops, No Need to Panic But...
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on December 23, 2014
At exactly 12:00 a.m. on January 1, 2015, the New Year will be celebrated amidst ball drops and renditions of “Auld Lang Syne.” However, amidst the celebrations, the Terrorism Risk Insurance Act (TRIA) will expire. While there is a very real possibility that Congress will pass...

 

HTMLSecond Circuit Holds “Loss Expenses” Not Categorically Excluded from Liability Limit of Facultative Reinsurance Certificate
Jeffrey L. Kingsley, Joel J. Terragnoli; Goldberg Segalla LLP;
Legal Alert/Article
February 10, 2015, previously published on January 7, 2015
In Utica Mutual Insurance Co. v. Munich Reinsurance America, Inc., the Second Circuit Court of Appeals reversed and remanded a summary judgment determination against a reinsurer with regard to the reinsurer’s obligations to reimburse the insured’s claim expenses. Utica Mutual Insurance...

 

HTMLNew Jersey Judges Not Permitted to Speak Ex Parte with Jurors
Frederick E. Blakelock; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 15, 2015
On December 23, 2014, the New Jersey Supreme Court held that New Jersey state court judges are not permitted to speak with jurors after a verdict has been issued, except in very limited circumstances where a showing is made that the jury’s decision may have been tainted by misconduct. The...

 

HTMLTrying to Upend the Workers’ Compensation Act in Florida
David A. Mercer; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 13, 2015
A recent and unusual opinion out of the Circuit Court for Miami-Dade County may, at the minimum, be a harbinger for changes to come to Florida’s Workers’ Compensation Act. At the maximum, it could also provide the basis for thousands of potential liability lawsuits.

 

HTMLNo Good Deed Goes Unpunished
Kimberly A. Ross; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on December 23, 2014
Over the years, I’ve become somewhat skeptical in my employment law practice from seeing case after case where employment claims were entirely preventable, if only the employer would have properly managed its employees, including terminating when it was evident that the employee’s...

 

HTMLNLRB Clamps Down On Employers’ Email Policies
Kimberly A. Ross; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 7, 2015
In yet another pro-employee decision, the National Labor Relations Board (NLRB) has held that company policies that limit the use of the company’s email for only business related purposes violate Section 7 of the National Labor Relations Act (NLRA) because they unduly interfere with...

 

HTMLThe Season Of Giving: Pennsylvania Supreme Court Finds Bad Faith Claims To Be Assignable
Richard D. Gable; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 20, 2015
Rejecting the holdings of two recent decisions by the Eastern District of Pennsylvania, the Supreme Court of Pennsylvania held in a 5-to-1 ruling that claims under Pennsylvania’s Bad Faith Statute (42 Pa.C.S. § 8371) are assignable to injured third parties. The decision, Allstate Prop....

 


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