Court Upholds One-Year Time Limit For Suit Against Homeowners Insurer

A homeowner brought suit on March 26, 2010 to recover benefits under a homeowners insurance policy with respect to an alleged theft from her home on January 5, 2007. The insurer maintained that the action was time barred because it had not been brought

Please click the link below to view The State Hospital Review and Planning Council and the Public Health Council Merged into the Public Health and Health Planning Council. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

The State Hospital

The plaintiff in this case was employed in several different capacities by Sunbelt Cranes, Construction & Hauling, Inc., from 1999 until 2008. When he resigned, he was a dispatcher in the company’s crane rental division. Thereafter, the plaintiff brought suit against Sunbelt under the Fair Labor Standards Act (FLSA) for unpaid overtime compensation. Sunbelt responded

Contractors often seek to amicably resolve disputes with property owners over payment disputes. Despite these efforts, contractors typically find the need to file a mechanic’s lien against the property they worked on to secure payment for their labor and services, followed by the commencement of litigation in which they must not only foreclose on the

Electronic filing of court documents has become the norm rather than the exception both here, in New York federal and state courts, and around the country. The trend is driven by the pervasive availability of online technology to conveniently enable filing, as well as the generally held presumption in U.S. jurisprudence that court proceedings are

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Corporate Piracy Efforts: Cost Center or Profit Center?

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Rigorous Gatekeeping: Requiring a Full Daubert Analysis

Reprinted with permisson from DRI – The Voice of the Defense

Parked Truck Was Being “Used” To Transport Sheet Metal That Allegedly Cut Insured

An employee returning to work after taking a break in her employer’s parking lot allegedly was injured when she walked into a piece of sheet metal extending beyond the tailgate of a co-worker’s parked truck, which the co-worker had planned

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An Association Does Not Equal Causation

In most lawsuits seeking relief under §1132(g)(1) of ERISA, “a reasonable attorney’s fee and costs” are available “to either party” at the court’s “discretion.” In this case, the U.S. Court of Appeals for the Fourth Circuit interpreted §1132(g)(1) to require that a fee claimant be a “prevailing party” before the claimant may seek a fee

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Seeking Shelter

Copyright © 2010 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

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Bankruptcy Law v. Employment Discrimination

In mid-June, the U.S. Attorney for the Eastern District of New York, Loretta E. Lynch, announced four separate indictments charging 17 individuals for their participation in an alleged health care fraud scheme. In addition, federal agents searched offices of 12 durable medical equipment retail companies located in South Brooklyn that were operated by the defendants

No Coverage Where Injured Party Was Employee Of Another Insured

In this declaratory judgment action, the owner and tenant of an accident site sought coverage for a personal injury suit brought by an employee of another insured. The owner, tenant and claimant’s employer were all insureds under the policy. The Appellate Division, First Department,

The plaintiff in this case brought a lawsuit under ERISA against Liberty Life Assurance Company of Boston after the insurer denied her claim for partial disability benefits. After the parties filed motions for summary judgment, the district court remanded the matter to the insurer for further administrative review of her claim. The district court instructed