The U.S. District Court for the Northern District of Ohio has ruled that the absolute pollution exclusion precluded coverage for lawsuits against a construction company alleging that it had violated federal and state environmental laws by discharging dredged or fill materials into protected wetlands.

The Case

JTO, Inc., an Ohio-based construction company, was sued by

The U.S. Court of Appeals for the Ninth Circuit has affirmed a decision by a federal district court in California that two policy exclusions precluded coverage for a construction defect lawsuit brought against the insured general contractor.

The Case

Archer Western Contractors, Ltd., was the general contractor for the San Diego County Water Authority’s emergency water

The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by a federal district court in Illinois that the “your work” exclusion in a commercial general liability insurance policy precluded coverage for a lawsuit against the insured subcontractor stemming from its allegedly defective installation of windows.

The Case

Metro North Condominium Association

The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by a federal district court in Indiana that theft by a company’s consultant was not covered by either a crime insurance policy or a commercial property insurance policy.

The Case

Telamon Corporation, an Indiana telecommunications firm, engaged Juanita Berry – through a

On April 18, 2017, President Trump issued an executive order entitled “Buy American and Hire American.”

The Order states that the Executive Branch’s official policy is “to rigorously enforce and administer the laws governing entry into the United States of workers from abroad,” in an effort “to create higher wages and employment rates for workers

Jeremy Honig shared his experience in a story for The Cooperator New York — the Co-Op & Condo Resource.

Jeremy noted: “With respect to a holdover proceeding, there may or may not be a predicate notice that must be served before a landlord may commence a proceeding, depending upon the basis for such proceeding. For example,

Under New York’s medical marijuana program, which is tightly regulated by the New York Department of Health (“DOH”), patients with serious medical conditions can become certified for use of medical marijuana under the supervision of a licensed healthcare provider. As of March 2017, DOH added two enhancements to the program to increase patient access. First,

On March 27, 2017, the U.S. Office of Inspector General (“OIG”) released a new compliance program guide, Measuring Compliance Program Effectiveness—A Resource Guide (the “Guide”). The Guide was developed by compliance professionals and staff from the U.S. Department of Health and Human Services and OIG, as an effort to help healthcare organizations measure the effectiveness

Michael Cannata was interviewed for an article entitled, “Patent Trolls’ East Texas Haven Threatened in Supreme Court,” which discusses the TC Heartland v. Kraft Foods case before the U.S. Supreme Court.

The case raises the question of whether it is appropriate to resolve a patent infringement claim in Marshall, Texas, if a defendant does not maintain

Brian L. Bank, Michael A. Sirignano, Priscilla D. Kam and Michelle A. Bholan co-authored the section Recent Developments in Business Litigation, which was published in the Winter 2017 issue of the American Bar Association’s Tort Trial & Insurance Practice Law Journal.

To read the article, Click Here.

Sean McAloon and Viktoriya Kruglyak co-authored the section on Appraisal in Recent Developments in Property Insurance Law, which was published in the Winter 2017 issue of the American Bar Association’s Tort Trial & Insurance Practice Law Journal.

To read the article, Click Here.

Nancy Del Pizzo provided the following comment in an article published in Westlaw’s Journal of Intellectual Property regarding Mavrix Photographs LLC v. LiveJournal Inc.:

“This decision should put social media companies on notice to, at the very least, closely follow this case on remand and educate its ‘moderators’ on the DMCA, particularly its ‘red flag’ exception.”

On April 5, 2017, New York City Council approved a bill that bans employers from requesting or using job applicants’ salary history when making hiring decisions. This latest development follows trend of the pay-equity movement taking place in cities and states nationwide.  It is also the latest in a series of legislative measures in New York

In a rare instance where certiorari is granted in a bankruptcy case, on March 22, 2017, the United States Supreme Court rendered a crucial and fundamental decision that significantly affects the ability of parties to a Chapter 11 bankruptcy case to deviate from the priority distribution scheme set forth in the Bankruptcy Code under 11

David Richman commented on the future of obstetrical malpractice claims related to the Zika virus. Specifically, he noted:

“We may see cases coming out of patients with Zika, most likely related to the diagnosis and what advice is given to the parents in regards to potential termination of the pregnancy. There are a lot of