When the plaintiff in this case was first hired by Home Depot in November 2001, she received a copy of Home Depot’s Code of Conduct, which listed “Major Work Rule Violations” that could lead to termination. One of these violations was having detectable levels of alcohol as determined by a blood alcohol test.

The plaintiff

W3i Mobile, LLC, which provides mobile content such as ringtones, quizzes, horoscopes, and weather alerts to cellular telephone users, was sued by customers who claimed that W3i billed for products customers never ordered or received. W3i sought coverage under a Business and Management Indemnity policy and sued its insurer. The district court granted summary

When the New York Court of Appeals issued its decision late last year in Kramer v. Phoenix Life Ins. Co.,[1] holding that New York law permitted a person to procure an insurance policy on his or her own life and immediately transfer it to one without an insurable interest in that life, even where the

Issues of fraud arise in numerous contexts in the insurance industry.  Not only are questions of fraud often relevant to determining the validity of claims, they also arise in determining if a claim was timely disclosed at the inception of the insuring relationship. 

Professional liability insurance policies purchased by lawyers and other professionals typically contain

Court of Appeals Annualizes $30 Million Limit of Three-Year Excess Policy But Refuses To Find Additional Year Of Policy Limit Because Of Two-Month Extension

Union Carbide Corporation contended that the six insurance companies that provided it with $30 million of “fifth excess layer” coverage owed it $90 million – $30 million for each

There are a number of new laws and regulations with which employers in New York must comply involving wages, commissions, independent contractors, tips, domestic workers, funeral leave, family medical leave, retaliation, genetic information and victims of domestic violence. Additionally, the federal and state Departments of Labor as well as other federal and state agencies

When the plaintiff in this case was laid off from her job at PepsiAmericas, Inc. (Pepsi), she entered into a severance agreement under which she agreed not to file “any complaints, charges, lawsuits, or any other claims against the Company arising out of the employment relationship and/or termination of employment.” In return, Pepsi agreed to

The United States Court of Appeals for the Second Circuit has finally put an end to the wave of controversy that has surrounded the Village of Ocean Beach Police Department for the past few years. Back in 2007, several disgruntled ex-employees of the Ocean Beach Police Department commenced an action against the Village of

Construction workers and landowners brought 90 negligence claims alleging that owners of more than 15.5 acres of land in Dania Beach, Florida, had been negligent in releasing, discharging, emitting or otherwise permitting extremely hazardous toxic chemicals from the soil and groundwater at the land; removing or transporting contaminated soil and groundwater from the property;

Social media allows users to post their photos and videos online and discuss their lives, health, and interests. Indeed, Facebook recognizes that “one of the primary reasons people use Facebook is to share content with others. Examples include when you update your status, upload or take a photo, upload or record a video, share a

Court Rejects Claim That Non-Original Equipment Manufacturer Parts Are “Universally Inferior”

Owners of vehicles damaged in auto accidents contended in a class action lawsuit against their insurer that the estimates by their insurer’s claims adjusters were too low because the adjusters used prices for non-original equipment manufacturer (“OEM”) crash parts rather than for OEM

There have been a number of decisions from courts across the country – including from New York’s highest court, the Court of Appeals – in cases involving stranger-originated life insurance policies (“STOLI”) since our October 2010 Legal Bulletin, “Ruling Permits Life Insurance Company’s Claims To Proceeds In Case Involving Alleged STOLI Fraud.” That Legal Bulletin

State Farm Mutual Automobile Insurance Company v. Barry Cohan, D.D.S. et al
                        United States Court of Appeals For The Second Circuit

A decision issued by the United States Court of Appeals for The Second Circuit on February 8, 2011 affirmed an order of the District Court, which denied defendants’ motion to

The plaintiff in this case was hired by the Gateway Playhouse in the Long Island village of Bellport to perform in two musicals during the summer of 2008. During that time, she lived in free housing provided by Gateway on its premises. On the morning of July 15, 2008, as was her practice throughout the

After Sharon Lissauer allegedly invested more than $11 million with Bernard Madoff, and after she realized that she had lost millions of dollars when his Ponzi scheme collapsed, Ms. Lissauer brought a lawsuit in federal court in an effort to recover that money. The defendant Ms. Lissauer named in her lawsuit was Fireman’s Fund