The plaintiff in this case worked for Knight Facilities Management-GM, Inc., as a janitor for several years, during which time she alleged that she developed a sensitivity to cleaning products.

After she went to her family physician with symptoms, the doctor recommended that the plaintiff miss work for a week and wear a mask when

Claudia Hinrichsen, Counsel in the firm’s Health Services Practice Group, has written an article entitled, “The Expanded Breadth of HIPAA,” which was published in Volume 8 of Best Practices.

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On June 18, 2014, the United States Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) issued a blockbuster 2 to 1 decision cancelling six federal trademark registrations owned by the Washington Redskins.  All six registrations feature some variation of the term “REDSKINS” used in connection with professional football services. 

The decision was issued

On a nearly daily basis, each of us is asked or asks others to agree to be bound by “terms of use” or “terms of service” (TOS) as a condition of using an Internet website or obtaining goods or services offered through a website. Whether or not TOS are enforceable continues to be a question

Let me present two hypothetical fact patterns.  First, the snowbird-plaintiff was involved in an automobile accident while visiting New York, which resulted in New York litigation.  She spends the lion’s share of her year in Florida, and at the request of her attorney, defense counsel agrees to plaintiff’s IME being conducted in Florida.  However, and

Joseph Monteleone, a partner in the firm’s Directors & Officers Liability and Insurance Coverage & Litigation Practice Groups, published an article in the Plus Journal entitled, “Dealing With Divergent Interests Among Defense Counsel, the Primary Insurer and Excess Insurers in Complex Litigation Involving Directors and Officers.”

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Second Circuit Finds Policy Issued to Hospital Was Excess To Policy Issued To Nurse

A nurse who worked at the Westchester Medical Center (“WHC”) settled a medical malpractice suit. The court ruled that the policy that WCH had obtained for itself and its staff was excess to the nurse’s professional liability policy because the WCH

Before and after voluntarily entering bankruptcy, Quality Stores, Inc., an agricultural-specialty retailer, terminated thousands of employees. The employees received severance payments that were the result of a reduction in work force or a discontinuance of a plant or operation pursuant to two different termination plans.

Under the first plan, terminated employees received severance pay based

The Mission Statement posted on FDA’s Office of Regulatory Affairs webpage by Associate Commissioner Melinda Plaisier on Jan. 21, 2014, stated we can expect the agency to be “Protecting consumers and enhancing public health by maximizing compliance of FDA-regulated products and minimizing risk associated with those products.” The problem, however, is that when it comes

Employers, employees, taxpayers, and insurance carriers all are heavily burdened by the costs of Worker’s Compensation insurance fraud in New York and in the rest of the tri-state area. As just one example, consider what Charles Kelcy Pegler Sr. admitted to in a guilty plea entered just days ago in a New Jersey state court.

Appellate Court Affirms Order Requiring Insurers To Produce Investigation Documents Created Before They Denied Coverage

After a steam turbine power generator at Ravenswood Generating Station in Queens, New York, shook violently and was shut down, the operator notified its insurers of the loss. The insurers hired insurance adjusters and attorneys to assist in the investigation and

The plaintiffs in this case sued their former employer, Costco Wholesale Corporation, under the federal Fair Labor Standards Act (FLSA) and the California Labor Code, alleging that Costco improperly had withheld wages from their final paychecks to repay the undisputed outstanding balances due on their company-guaranteed credit cards.

After a bench trial in which the

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Hacking Discovered, Losses Not Covered

Copyright © 2014 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

The South Dakota Supreme Court has upheld the enforceability of an exclusion in a commercial general liability (“CGL”) insurance policy barring coverage for an unknown progressive or continuous injury or damage that occurred before the inception date of a successor insurance policy.

The Case

Steven Thomas & Sons, LLC, was hired in 2002 by Swift

The U.S. Court of Appeals for the First Circuit has ruled that an insurance carrier may appeal an order issued in a declaratory judgment action requiring that it advance defense costs to its insureds.

The Case

After Westernbank of Puerto Rico was closed and the Federal Deposit Insurance Corporation (“FDIC”) was appointed receiver, the FDIC