Geoffrey Kaiser published an article in the Nutrition Business Journal entitled, “Prosecutorial Discretion.”  The article discusses the exercise of prosecutorial discretion under the Food, Drug & Cosmetic Act.  It analyzes the factors that enter into a decision by prosecutors to recommend criminal charges, using the recent indictment of USPlabs to illustrate the types of aggravating circumstances

First Department Holds that Worker Is Entitled to Partial Summary Judgment under Labor Law § 240(1) For Injuries Sustained in Fall from Prime Mover

In Somereve v. Plaza Constr. Corp., 2016 N.Y. App. Div. LEXIS 1231 (1st Dep’t 2016), plaintiff was injured when operating a prime mover to hoist a load of bricks onto a

Examinations under oath (EUOs) are an important investigative tool used by insurance carriers to uncover fraudulently filed claims and to commit claimants to their story on the record. EUOs look like depositions but generally do not follow the rules that govern depositions. For example, a witness who refuses to answer questions at a deposition can

Prisoners’ Class Action Constituted Multiple Occurences, Court Of Appeals Rules

A proposed class action lawsuit was filed against a county in upstate New York after it implemented a policy of strip-searching every prisoner admitted into its jail. The county’s insurer agreed to provide a defense, subject to policy limits and the deductible for personal injury

Fourth Circuit Rules that Employee Handbook’s Arbitration Provision Was Unenforceable

The plaintiff in this case began working for Prime Communications, L.P., an authorized retailer of AT&T wireless communication devices and services, in October 2009 as a “solutions specialist” in a retail store in Fuquay-Varina, North Carolina. As a solutions specialist, the plaintiff sold merchandise and cell-phone

Board Rejects Request For Reconsideration

By Order dated July 13, 2015, the Board denied a motion to dismiss filed by Knowluxe LLC (“Knowluxe”) seeking dismissal of a petition for cancellation on the grounds that the claims were implausible and that the rights asserted by Guess? IP Holder L.P. (“Guess”) conflicted with the: (1) doctrine of

No Coverage Under Title Insurance Policy Where Insured Settled Claim Without Insurer’s Consent

The insured settled a dispute without obtaining his title insurer’s consent and then sought coverage under the policy. The title insurer denied the claim, and the insured sued. The trial court dismissed the complaint and the insured appealed. The appellate court affirmed,

An F-1 Visa allows foreign nationals to enter the United States to study full time at an academic institution.  Qualifying academic institutions include an accredited college, university, seminary, conservatory, academic high school, or elementary school.

Students on an F-1 Visa can participate in an Optional Practical Training (OPT) while they are still attending school (pre-completion

Early in February, the European Commission and the U.S. government agreed on a new framework for transatlantic data flows, which they are referring to as the “EU-U.S. Privacy Shield.” Lawyers advising clients with an online presence (i.e., almost all lawyers and almost all clients) typically have had little reason to be concerned about the agreement,

One of the hallmarks of a claims-made and reported policy historically has been the two-pronged requirement that (1) the claim against the insured must be first made during the policy period, and (2) the claim had to be reported to the insurer, if not strictly within the policy period, at least no later than a

In response to questions certified by the U.S. Court of Appeals for the First Circuit, the New Hampshire Supreme Court ruled that an excess insurer’s duty to defend under New Hampshire law was triggered only when the primary insurer’s coverage was exhausted.

The Case

Old Republic Insurance Company and Stratford Insurance Company each provided insurance coverage

In response to questions certified by the U.S. Court of Appeals for the First Circuit, the New Hampshire Supreme Court ruled that an excess insurer’s duty to defend under New Hampshire law was triggered only when the primary insurer’s coverage was exhausted.

The Case

Old Republic Insurance Company and Stratford Insurance Company each provided insurance coverage

The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the Northern District of California, has ruled that an insurer was not obligated to defend its insured in a patent dispute – and that an amendment to the claims against the insured to assert a disparagement claim

The Alabama Supreme Court, reversing a trial court’s decision, has ruled that the “mysterious disappearance” exclusion in an “all risk” insurance policy precluded coverage for a missing sailboat.

The Case

After Michael Britt purchased a Beneteau brand sailboat in 2004, he insured it with St. Paul Fire & Marine Insurance Company pursuant to an “all

The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the Western District of Missouri, has enforced the anti-stacking provisions in two insurance policies issued by one insurance company.

The Case

Thomas Campbell was attempting to remove a tree from property being developed for a residential subdivision.