Courts across the country – including a number of federal circuit courts of appeals – continue to struggle with the ability of public school districts to discipline students for offensive online speech made off campus.[1] This past April, in Doninger v. Niehoff, the U.S. Court of Appeals for the Second Circuit weighed in on the

The New York State enacted a new law entitled Wage Theft Provention Act (the “Act”) which went into effect in April 2011 for new employees. As outlined in our prior February 2011 Employment Bulletin, the Act requires New York employers to provide written notice of certain wage, payroll and other related information. The required

Insurer Prejudiced From Late Notice

An insurer was given notice five years after an auto accident involving its insured, two years after an action was filed against its insured, after destruction of the truck involved in the accident, and after summary judgment had been granted on the issue of liability (not damages) against its

After their son allegedly injured a man in a bar fight, the injured man’s lawyer sent a letter to the couple’s lawyer stating that he intended to pursue legal remedies against the couple’s son. The couple’s lawyer forwarded the letter to the insurance company that had issued the couple a homeowners’ insurance policy, and

The plaintiff in this case worked as a Sales Support Assistant for National City Corporation and participated in the National City Corporation Welfare Benefits Plan, which was administered by the Liberty Mutual Group. Under the terms of the plan, a participant was eligible for long term disability benefits when he or she became injured or

Please click the link below to view Combating Online Counterfeiting with Help from the Lanham Act. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Combating Online Counterfeiting with Help from the Lanham Act

As this column has frequently observed, insurance fraud in the no-fault arena often leads to litigation and court decisions in both civil suits and criminal cases. Those judicial opinions, to one extent or another, affect the ability of insurance companies to combat fraud by challenging no-fault claims they believe are fraudulent as well as the

Insurer Estopped From Denying Excess Coverage

The general contractor and owner of a construction site sought coverage under an excess insurance policy issued to their subcontractor with respect to an underlying personal injury action. The excess insurer acknowledged coverage and participated in the defense. After partial summary judgment was awarded in favor of

After the minor daughter of the owner of Tri County Contractors, Inc., was involved in an automobile accident, the injured person and his wife sued the Tri County owner and his wife to recover for the injuries sustained in the accident. The plaintiffs obtained a judgment against the Tri County owner and his wife

The Internet continues to lead to interesting issues of personal jurisdiction arising in cases in New York courts. For instance, the New York Court of Appeals has granted leave to appeal in a case in which the plaintiff is asserting claims for defamation and argues that the trial court should assert long-arm jurisdiction over the

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Ensuring Product Integrity and Trust in Your Supply Chain

The U.S. Department of Health and Human Services (HHS) announced on September 28, 2011, the launching of the Comprehensive Primary Care (CPC) initiative. This is another initiative made possible by the Affordable Care Act to promote greater integration, collaboration, and coordination among providers in the delivery of efficient and quality of care.

Led by

Court Rules Acts Of Alleged Sexual Abuse Over Years Are Multiple Occurrences Implicating Multiple SIRs

A mother of a minor girl sued the Roman Catholic Diocese of Brooklyn, alleging that the Reverend James Smith had sexually abused the girl over a number of years. The Diocese then sued its insurer for reimbursement of defense

The federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) has become a potent tool in the New York automobile insurance industry’s efforts to combat no-fault insurance fraud. The author of this article describes how insurers may successfully plead and prove their RICO claims – with the attendant treble damages and attorneys’ fees – by

The plaintiff in this case, a chiropractor, worked for Alcott Staff Leasing, Inc., as a medical peer reviewer. In August 2006, she stopped working for Alcott and applied for long term disability benefits; her request was denied based on a pre-existing condition exclusion in the policy, which defined a pre-existing condition as a sickness or