Recent Publications - General Liability


New Department of Labor Guidance on Retaliation under the FLSA and FMLA
October 20, 2022 | General Liability | Medical Malpractice Defense

On March 10, 2022, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) released new guidance intended for employers. The guidance gives specific examples of what constitutes unlawful retaliation under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and visa programs. The guidance contains several hypothetical

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Richman and Bushwack Publish Article in Mealey’s Elder Law Report
July 21, 2020 | General Liability

David Richman and Jacqueline Bushwack published the article, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims” in Mealey’s Elder Law Report. It was previously published in Mealey’s Personal Injury Report.

The article discusses how lawsuits are likely to be brought up against businesses if someone thinks he or she contracted COVID-19 there.

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Raia Writes for Best’s Review on Litigation Stemming from Students’ Sports Injuries
February 3, 2020 | Commercial Litigation | General Liability

Frank Raia wrote an article entitled “Play Ball!” for Best’s Review, A.M. Best’s monthly insurance magazine. Frank discusses the challenge that colleges and universities face defending a lawsuit when a student gets injured participating in a school-sanctioned sports activity.

To read the article, click here.

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Strober Published in FC&S Legal
July 5, 2018 | General Liability

Eric Strober’s article, “Insurers and Defendants Take Note: There Has Been a Monumental Change to Negligence Litigation in New York” was published in the Eye of the Experts column in FC&S Legal.

Click here to read the full article.

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Feld Publishes Article in DRI Newsletter
January 3, 2018 | Complex Torts & Product Liability | General Liability

Brian Feld’s article, “Mutation and Evolution: The Effect of the BAP1 Gene on Asbestos Litigation,” appeared in the December 29, 2017, newsletter of DRI’s Toxic Tort and Environmental Law Committee.

To read the article, click here.

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Furshpan Publishes DRI Trials and Tribulations Article
September 25, 2017 | General Liability

Daniel Furshpan’s article, “How to Successfully Impeach a Witness with Deposition Testimony,” appeared in the September 25, 2017, issue of Trials and Tribulations, the newsletter of DRI’s Trial Tactics Committee.

To read the article, click here.

 

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Effective Oral Advocacy
June 6, 2017 | General Liability

Preparing for and delivering a winning oral argument is a skill innate to some, but to most others, it is honed by years of practice and experience. Whether arguing an appeal or motion for summary judgment in a lower court setting, this guideline is intended to provide young lawyers with basic rules for effective and

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Pollution Exclusion Precluded Coverage for Suit Alleging Harm from Carbon Monoxide
April 21, 2017 | General Liability

The U.S. District Court for the District of Oregon has ruled that a pollution exclusion in a commercial general liability insurance policy excluded coverage for claims arising from alleged carbon monoxide poisoning.

The Case

Plaintiffs sued Victory Construction LLC, d/b/a Premier Pools and Spas of Oregon, alleging negligence in the installation and ventilation of a

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“Your Work” Exclusion Precluded Coverage for Breach of Warranty of Habitability Claim Against Subcontractor, Seventh Circuit Says
April 21, 2017 | General Liability | Insurance Coverage

The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by a federal district court in Illinois that the “your work” exclusion in a commercial general liability insurance policy precluded coverage for a lawsuit against the insured subcontractor stemming from its allegedly defective installation of windows.

The Case

Metro North Condominium Association

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New York Labor Law Bulletin
March 4, 2016 | Complex Torts & Product Liability | General Liability

First Department Holds that Worker Is Entitled to Partial Summary Judgment under Labor Law § 240(1) For Injuries Sustained in Fall from Prime Mover

In Somereve v. Plaza Constr. Corp., 2016 N.Y. App. Div. LEXIS 1231 (1st Dep’t 2016), plaintiff was injured when operating a prime mover to hoist a load of bricks onto a

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