July 28, 2022 |
Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent
In December 2015, Luis Alberto was working on a construction project at a building owned by the insured when a wall collapsed, causing him to fall to his death. In December 2017, Alberto’sRead More
July 28, 2022 |
Michael Heller’s, Peter McNamara’s and Matt Spero’s Spring issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.
The authors discuss recent court decisions of note involving title insurance.
Read the full column here.Read More
July 27, 2022 |
Marc Ullman authored the article, “FDA’s Misguided NDI Amnesty Scheme – But Companies Should Still Comply with the Law,” in the August issue of Nutrition Industry Executive.
Ullman discusses the FDA’s proposed guidance document on new dietary ingredients.
Read the full article here.Read More
July 21, 2022 |
Margot and Tony Wendice seem to have it all – they are young, beautiful, and in love. However, much like pyrite, not everything that glitters is gold.
Before their marriage, Tony was a successful tennis player. It would have been unseemly for Margot, a wealthy socialite, to marry a professional athlete, so TonyRead More
July 20, 2022 |
Our July Insurance Update is here. This is what we discuss.
“Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court adopting the efficient and predominant cause theory, no matter whose Daddy the bouncer was working for.
Oklahoma hasRead More
July 13, 2022 |
On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”), including the Statement of Material Facts requirement. We extensively covered AO 270/20 in a previous article, and in another article, we discussed howRead More
July 12, 2022 |
CPLR 205(a) is a well-known safety net in New York litigation, generally providing that a timely commenced action dismissed without prejudice can be refiled by “the plaintiff” within six months of dismissal, despite the statute of limitations expiring, saving the claim from being untimely. This statute’s reference to “the plaintiff” was recently debated and broughtRead More
July 11, 2022 |
Kenneth A. Novikoff’s Spring issue of the Employment Law Reporter was published in the Employee Relations Law Journal.
The U.S. District Court for the Western District of New York has granted the defendant’s motion in an employment discrimination lawsuit brought under the federal Rehabilitation Act, finding that the plaintiff failed to demonstrate that he was disabled orRead More
July 11, 2022 |
The federal estate tax exemption provisions are set to expire at the end of 2025, potentially requiring more people to pay estate taxes. In view of the uncertainty of the estate tax laws, it is important to have estate planning documents that are flexible enough to adjust to changing estate tax laws.
Generally, the exemptionRead More
July 6, 2022 | |
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry
- An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a claim asserted by the policyholders.
- A federal district court in Illinois has rejected
July 1, 2022 |
Shari Claire Lewis wrote an article for Vitamin Retailer entitled, “Health Food Retailers Should Update Their Website Terms.”
What was once a basic website created to inform prospective customers on products, has now evolved to offer users options such as “curb-side pick up”, or other features which came about as a result of Covid-19. WhileRead More
June 30, 2022 |
Alleged violations of the federal Anti-Kickback Statute (AKS) are more and more often at the heart of actions involving accusations of health insurance fraud brought under the False Claims Act (FCA). Consider, for example, the amended complaint that was just filed by the U.S. Justice Department to add six physicians as defendants to the originalRead More
June 28, 2022 |
Northern District Holds That Late Notice Bars Coverage Under Property Policy
In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year later. The insurer, Acadia InsuranceRead More
June 22, 2022 |
Here is what we cover in this issue of The Employment Law Reporter:
- The U.S. Court of Appeals for the Second Circuit has issued an important decision in a case that presented the question of what a plaintiff asserting employment discrimination under Title VII of the Civil Rights Act of 1964 must allege to
June 21, 2022 |
Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes, policyholders try to create an ambiguity despite language that seems clear on its face, or suggest another reason why the language should notRead More
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