Company Is Sanctioned for Failing to Issue a Timely “Litigation Hold” in ERISA Cases

Foot Locker, Inc., was sued on June 23, 2006 and again on November 30, 2006 with respect to the conversion of its retirement plan from a “defined benefit” pension plan to a “cash balance” plan.

The June 23, 2006 complaint alleged

Insurer Must Send Disclaimer To Purported Additional Insureds, New York Court Of Appeals Decides

The owner and managing agent of an apartment building hired a contractor to perform renovations. One of the con-tractor’s employees alleged that he was injured at the site and sued the owner and managing agent, who were insureds under their own

It is not often that two judges on the New York Court of Appeals leave the  court at the same time, as is occurring now with Judge Victoria A. Graffeo  (whose 14-year term is coming to a close) and Judge Robert S. Smith (who has  reached the retirement age of 70). Both judges have made

In an effort to combat insurance fraud, state legislatures across the country have passed a wide variety of bills this year that their governors have signed into law. While many other bills failed to make it to a governor’s desk for one reason or another, some that have been introduced may yet become law.

Despite

Court Dismisses General Contractor’s “Bad Faith” Claims Against Subcontractor’s Insurer

A general contractor sued a subcontractor’s insurer for additional insured coverage and “breach of the implied covenant of good faith and fair dealing” and breach of its “fiduciary obligations.”  The court dismissed the extra-contractual claims, reasoning that there were no allegations of  “independent breaches of

Paul Majkowski and Lawrence Han authored an article entitled, “International Litigation of Product Liability Claims: Korea,” which was published in the November 2014 issue of DRI For the Defense.

Please click the link below to read “International Litigation of Product Liability Claims.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC,

Circuit Court Upholds Decision Rejecting FMLA Claims Against Employer

The plaintiff in this case was employed by BT Americas, Inc., as a consultant for approximately three years. As a consultant, the plaintiff was assigned by BT Americas to work on telecommunications projects with client companies, and she often worked with employees of those companies.

The

Max Gershenoff is quoted in a Bloomberg BNA Banking Daily Bulletin article entitled, “Second Circuit Seeks Guidance On NYC Regulation of Law Firms.”  The law firms referred to in the article were represented by Mr. Gershenoff, Evan Krinick and Michael Versichelli.

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Nearly 15 years ago, Congress passed the Anticybersquatting Consumer Protection Act (“ACPA”).[1] The ACPA amended the federal trademark law known as the Lanham Act by adding two new causes of action aimed at cybersquatting.[2] Under the ACPA, a person may be civilly liable “if … that person has a bad faith intent to profit from

SUM Benefits Triggered In $300,000/$300,000 Policy Where Other Driver’s Policy’s Limits Were $100,000/$300,000

The insured alleged that he was injured in an accident caused by the driver of another car who was insured by a “split limit” policy providing a bodily injury liability limit of $100,000 per person and $300,000 per accident.  Because those limits

Construction is a risky proposition. Injury to workers and property loss are significant risks. Accordingly, parties to a construction project often attempt to shift these risks using indemnification provisions. In Illinois, the Construction Contract Indemnification for Negligence Act, 740 ILCS 35/0.01, et seq. (the “Act”),1 prohibits contract language that indemnifies a party for that party’s

In its recent decision, Cutino v. Nightlife Media, Inc., 2014 U.S. App. Lexis 15179 (Fed. Cir. Aug. 7, 2014) (“Nightlife Media”), the Federal Circuit underscored its preference for adjudicating, on the merits, trademark opposition proceedings.  The court directed the Trademark Trial and Appeal Board (“TTAB”) to consider whether one of three federal trademark registrations, owned

Job Applicant Fails in Suit Challenging Company’s Decision to Rescind Conditional Job Offer Based on His Medical Exam

The plaintiff in this case applied for a systems engineer position with Southern Nuclear Operating Company at one of its nuclear power plants. Southern Nuclear extended the plaintiff a job offer contingent on satisfactory completion of a

In an effort to advance health information technology (IT) adoption and interoperability across the state, the New York State Department of Health (the “DOH”) has issued draft rules for the Statewide Health Information Network for New York (“SHIN-NY”).  The purpose of the rules is aimed at formalizing and updating the current governance structure and process

It has been nearly a decade since the New York Court of Appeals ruled, in State Farm v. Mallela,[1] that a medical corporation was not entitled to be reimbursed by insurance companies under New York’s no-fault law and its implementing regulations[2] for medical services rendered by licensed medical practitioners where the medical corporation failed to