The New York State Department of Health (“DOH”) recently announced that it has extended from September 1 to October 3, 2011 the filing deadline for submission of applications by interested organizations seeking to participate in the new Health Home program being established by Medicaid.  Under the health home program, DOH will provide reimbursement to

More than a decade ago, in Lunney v. Prodigy Servs. Co.,[1] the New York Court of Appeals declined, as premature, a request to decide whether to adopt a broad interpretation of immunity for Internet service providers (“ISPs”) under Section 230[2] of the federal Communications Decency Act (“CDA”).[3]

In the intervening years, Internet use has exploded

No Coverage Where Building Insured As Two-Family Dwelling Had Three Apartments

An insurance company that issued an insurance policy to owners of a building asserted that they were not entitled to defense or indemnity for a personal injury action because the owners represented that the building was a two-family dwelling but the

After extensive litigation and negotiations, the Passaic Valley Sewerage Commission (“PVSC”) and Spectraserv, Inc., entered into a settlement agreement providing for the transfer of assets and other consideration from PVSC to Spectraserv. The settlement included the entry of a consent order resolving notices of violation that PVSC had issued to Spectraserv; PVSC’s agreement to

After Konica Minolta Business Solutions fired an African-American salesman who had been working at the Konica facility in Tinley Park, near Chicago, the salesman filed a charge of discrimination with the Equal Opportunity Employment Commission (EEOC) that stated:

Since the beginning of my employment, my Branch Manager has subjected me to different terms and conditions

Insurance fraud is not just a New York problem, it is a national problem. While this column generally focuses on trends in New York, it can be helpful on occasion to review conduct from across the country. Such a national review reveals that insurance carriers are taking an aggressive stance against insurance fraud and are

Exclusion Did Not Bar Coverage For Wrongful Death Claim By Noninsured Father Following Daughter’s Death

A girl drowned at her grandparents’ home, where she lived. The girl’s father, who did not live with the grandparents, obtained a wrongful death judgment and filed a direct action against the grandparents’ homeowner’s insurer. The Court of

An individual who lived in New York claimed that he was injured while working in New York on a project lasting five or six days for his employer, a New Jersey corporation with its sole office in New Jersey. The individual filed a claim in New York for workers’ compensation benefits. Travelers Indemnity Company, the

Real estate developers obtained insurance for the construction and sale of homes they were building, primarily against claims of defective construction. The developers received $10 million of coverage on each of two projects and paid the insurer an “advance premium” of approximately $1.3 million. Due to the deteriorating real estate and credit markets, however,

Parody has long played an important role in intellectual property law, and in intellectual property litigation. It should be no surprise, therefore, that parody issues arise with respect to the Internet, and that over the years courts have issued a number of significant decisions involving claims of parody and the Web.

Earlier this year, The

Insured May Not Recover Attorneys’ Fees From Insurer In Property Damage Case

An insurer sued its insured for a declaration of no coverage, and the court ruled that the insurer was obligated to cover damage to the insured’s building. The court also awarded the insured $41,000 in attorneys’ fees. The insurer appealed, and

The plaintiff in this case applied for a position with the Federal Express Corporation in November 1993, completing and signing an employment application and employment agreement. One of the provisions of the employment agreement provided that “to the extent law allows an employee to bring legal action against Federal Express, I agree to bring that

A vehicle driven by Marilyn Mong struck a tractor driven by her husband Tim, resulting in Tim’s death at the scene. Kolt Mong, Marilyn’s stepson and Tim’s natural son, was in Marilyn’s vehicle at the time; he subsequently filed a negligence action against Marilyn seeking damages for mental distress. In another case, Tim’s estate

The long-running controversy over Ecuadorian claims of pollution of the Amazonian rain forest allegedly resulting from petroleum operations conducted between 1964 and 1992 recently took an interesting turn.  

On March 7, 2011, the United States District Court for the Southern District of New York entered an order enjoining a set of “Lago Agrio” plaintiffs from

The Centers for Medicare and Medicaid Services (CMS) today announced three new initiatives in connection with its efforts to advance accountable care organizations (ACOs) – a new type of healthcare organization being promoted under the Patient Protection and Affordable Care Act (“Affordable Care Act”) enacted last year.  As discussed in our prior alerts, the