Recent Publications


Insurance Update
September 21, 2022 | Insurance Coverage

Some important insurance decisions were handed down over the past month.

We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display.  In Acuity, the Ohio Supreme Court found that the opioid suits were not brought “because of bodily injury.”  A week earlier, the

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NJ Publishes Guidance on Cannabis Sales & Use Tax and Social Equity Excise Fee
September 19, 2022 | Tax | Cannabis

The New Jersey Division of Taxation recently provided guidance[1] on registration and licensing requirements, Social Equity Excise Fees, and the Sales & Use tax applicable to companies operating in the cannabis industry.[2]

The following provides important takeaways from the Division’s publication.

Registration & Licensing

To operate a cannabis business in New Jersey a company must

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Wendy and Jen Wreck the Movies: Elizabethtown (2005), or “Sharing is Caring, Don’t Keep Your Final Wishes a Secret”
September 15, 2022 | Trusts & Estates

What Happened:

Drew Baylor is a wildly successful athletic shoe designer for Mercury Sportwear until his world is turned askew when one of the shoes he designed is accused of having a design flaw.  Mercury announces a recall; Drew becomes the scapegoat; his boss publicly humiliates him and then unceremoniously fires Drew.

At his darkest

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The Value of Risk Transfer Consulting in Real Estate Transactions and Construction Projects
September 14, 2022 | Insurance Coverage

Michael Kotula and Robert Maloney published the article, “The Value of Risk Transfer Consulting in Real Estate Transactions and Construction Projects,” in the Fall 2022 issue of USLAW Magazine.

The article discusses the nuances of the liability and insurance coverage issues that go along with risk transfers.

Read the full article here.

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Supreme Court Settles Debate on Passive Retention of Property
September 12, 2022 | Bankruptcy

For some time, bankruptcy courts wrestled over whether creditors violated the Bankruptcy Code’s automatic stay provision under 11 U.S.C. § 362(a)(3) by creditors’ passive retention of a debtor’s property once a debtor files for bankruptcy. Last year, in City of Chicago v. Fulton[1] the U.S. Supreme Court issued an opinion that puts this issue to

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What Snap Removal Debate Means for Insurance Disputes
September 6, 2022 | Insurance Coverage

When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed.

A recent practice, spurred by case law, has allowed defendants in some jurisdictions to remove to federal court. This is particularly a concern in

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Lead Paint Litigation Raises Coverage Questions for Policyholders
September 2, 2022 | Insurance Coverage

State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids. And this theory is being tested in climate change cases against energy companies.

As new legal theories and trends emerge, so do insurance

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As Telemedicine Expands, Insurance Fraud Grows
September 1, 2022 | Health Services | Insurance Fraud

With the strong support of regulators, including in New York, telemedicine has significantly expanded since the beginning of the COVID-19 pandemic. See, e.g., New York State Department of Health, Comprehensive Guidance Regarding Use of Telehealth including Telephonic Services, available at https://www.health.ny.gov/health_care/medicaid/program/update/2021/no07_2021-06_covid-19_telehealth.htm; Governor Hochul Announces $3 Million in New Grants to Expand Access to Telehealth across

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Back to School: An Education on Parenting from Afar
September 1, 2022 | Trusts & Estates

By now, your college-age kids have decorated their dorm rooms and collected every class syllabus (although whether they’ve read them is a different issue). While you may long for the days when you were an integral part of their daily lives, your job is far from over. You can still protect your kids and your

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New York Insurance Coverage Law Update
August 26, 2022 | Insurance Coverage

Southern District Holds That Claim For Unjust Enrichment Not Covered Claim For “Property Damage”

The owners of a Manhattan apartment hired Zale Contracting to renovate their apart-ment.  After the apartment’s sprinkler system failed, Zale, with the owners’ consent, allegedly repaired the damage caused by the failure and purchased and installed new materials, resulting in additional

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An Evolving Court Divides in New Insurance Cases
August 22, 2022 | Appeals

The Court is undergoing a remarkable, and continuing, makeover. After Chief Judge Janet DiFiore’s successor joins the Court, a majority of judges will have taken their seats since June 2021. Indeed, the Court’s most senior member, Judge Jenny Rivera, has not yet even served a full decade on the Court.

Recognizing that the Court has

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Insurance Update
August 22, 2022 | Insurance Coverage

A few years back, we discussed the Montana Supreme Court’s Parker decision, which interpreted an earth movement exclusion in a first-party claim under a homeowner’s policy.  There, a boulder dislodged from a hillside and damaged the insured’s house.  The issue was whether a tumbling boulder should be considered earth movement.  The court said yes.  Now,

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Circuits Split Over States’ Right to Regulate Social Media Platforms
August 22, 2022 | Privacy, Data & Cyber Law

More and more officials in states across the country are seeking to assert authority over the ways that social media companies interact with their users, and how they handle posted content. The companies typically have objected to those restraints by asserting, among other things, a First Amendment right to be free of government control. As

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Wendy & Jen Wreck the Movies: Addams Family Values, or “The Nanny Tried to Do It”
August 18, 2022 | Trusts & Estates

What happened:

Fester Addams, a wealthy bachelor, wants nothing more than to find a great love like that between his older brother Gomez and his wife Morticia, but he is too trusting and easily mislead. Following the birth of Gomez and Morticia’s third child, Pubert, they hire a nanny named Debbie. Fester quickly becomes

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The Potential Liabilities of an Inground Swimming Pool
August 17, 2022 | Commercial Litigation

Many of Long Island’s residents share a deep love for the area’s dreamy summers. From dense wooded hiking trails to quiet secluded beaches overlooking the Long Island Sound, the area offers residents the perfect environment to enjoy nature and summertime.

In addition to taking advantage of the Island’s coastal areas, many local residents seek respite

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