Former employees of Xerox Corporation who participated in the Xerox Retiree Flex Health Care Plan alleged in a lawsuit they filed that they repeatedly had been promised lifetime benefits under a health care plan called the Flex Plan but that the defendants had reneged on that promise. The district court dismissed the claims and the

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Almost 25 years ago, the New York Court of Appeals issued a landmark decision under New York City’s rent-control regulations in a case involving the occupancy rights to a rent-controlled apartment upon the named tenant’s death. The court held that the term “family” should not be rigidly restricted to those people who have formalized their

As with most of the population, the use of social media by lawyers in the conduct and marketing of their legal practices has been “trending” up.[1]  Although well-established ethical rules apply, some social media activity may introduce new twists to the rules’ interpretation or raise issues that a lawyer may not have considered before posting

Auto Exclusion Bars Coverage For Injuries Resulting From Employer’s Auto Driven By Employee During Crime Spree

After an employee who used a company car during a crime spree injured a police officer, a jury found that the company was negligent in hiring the employee and entrusting a vehicle to him. The company sought coverage

Kings Sports, Inc., which advertised and sold golf clubs online, was sued by Roger Cleveland Golf Company, Inc., for allegedly violating Cleveland Golf’s trademarks by advertising and selling golf clubs that looked like clubs it manufactured but that actually were not manufactured by it or with its permission. State Farm Fire and Casualty Company,

The plaintiffs, former customer service representatives (CSRs) who staffed telephone lines at an Appletree Answering Service call center in St. Louis, Missouri, sued Appletree for allegedly violating the Fair Labor Standards Act (FLSA) by failing to pay them for actual hours worked and corresponding overtime. The plaintiffs alleged that Appletree had a nationwide policy of

Michael Kotula, a partner in the firm’s Insurance Coverage & Litigation Practice Group, co-authored a survey article on Excess, Surplus Lines and Reinsurance in the ABA TIPS Law Journal, writing the excess insurance part of the survey, explaining significant court decisions in 2012 involving excess insurance.

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Risky Business: Rx Drugs Obtained in the Secondary Market

On September 7, 2012, Governor Cuomo signed a new law, effective November 6, 2012, which amends Section 193 of the New York State Labor Law (the New York wage deduction statute).  As many of you are aware, over the last few years the New York State Department of Labor has taken the position in cases

This column typically focuses on insurance fraud trends, developments, and cases from New York.  Insurance fraud, however, goes well beyond this geographical area, and sometimes involves unusual, even bizarre, facts.  Locally, Nassau County District Attorney Kathleen Rice recently brought charges against Raymond Rother for allegedly conspiring with his son to fake his own drowning death

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Attempting To Escape

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Insurer’s Failure To Comply With Regulation Establishing Time Limits To Accept Or Reject Property Claims Does Not Preclude It From Relying Upon Exclusion To Disclaim Coverage

After a homeowner sued her insurer for compensation under her homeowner’s insurance policy for fire damage, the insurer raised affirmative defenses to coverage. The New York Court of

The plaintiff in this case held a research position at Cornell University’s Weill Medical College (WMC) since at least 1997. On September 26, 2001, the plaintiff received a termination letter, effective as of September 28, 2001.

On March 26, 2002, the plaintiff submitted a claim for disability benefits under WMC’s group long term disability insurance

A jury awarded a dentist $1,654,663.50 for injuries she suffered at the insured’s property. The insured demanded that its excess insurer, Philadelphia Indemnity Insurance Company, pay the amount in excess of its primary coverage amount. Philadelphia contended that it first received notice of the dentist’s suit (or claim) after judgment and denied coverage for