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

State and federal courts in New York have recently issued a number of significant decisions in cases involving allegations of insurance fraud in the criminal and administrative arenas. The results were decidedly mixed for the government.[1] However, the fact that there have been so many important cases in the courts, together with at least one

Assignor’s Failure To Appear At IME Dooms Provider’s Claim For No-Fault Benefits

A health care provider that had been assigned first-party no-fault benefits sued the insurance company for payment. The insurer moved for summary judgment, asserting that the provider’s assignor had failed to appear for an independent medical examination (“IME”). The court explained

Between 2004 and 2009, Trugreen Landcare LLC, which provides lawn and landscape services in the United States to approximately two million customers, obtained permission from the United States government to hire temporary foreign workers pursuant to the federal H-2B visa program. The plaintiffs in this case were individuals who resided outside of the United States

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Portions of property owned by Industrial Enterprises, Inc., in Baltimore, Maryland, had been used as landfills from the 1940s through the 1970s. In 1999, the U.S. Environmental Protection Agency proposed to include Industrial’s property, and neighboring properties, in a Superfund Site for cleanup. As part of its process, the EPA sent Industrial a letter

The decision in Penguin Group (USA) Inc. v. American Buddha[1] is likely to significantly affect the publishing and entertainment industries in New York in their efforts to retain copyright control over online materials, from books to movies, music and other products.

Moreover, the ruling may influence courts across the country dealing with litigation involving claims

Exclusion Did Not Bar Coverage For Third Party’s Alleged Injuries In ATV Accident On Insured’s Property

After the operator of an all terrain vehicle allegedly sustained personal injuries on property owned by Grande Stone Quarry, LLC, the property owner’s general liability insurer disclaimed coverage to the property owner based upon an exclusion for