Recent Publications - Appeals


New Jersey Legislators Seek to Expand Data Breach Notification
February 27, 2015 | Intellectual Property | Appeals

New Jersey legislators advanced a bill to expand notification requirements in the event of a data breach affecting New Jersey residents. The bill, Assembly No. 3146, passed on December 15, 2014, by a vote of 75–0 and was referred to the Senate Commerce Committee where it has not yet been addressed. The Assembly bill seeks

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Carnaby v. Goodyear Offers a New Jurisdictional Twist
February 25, 2015 | Complex Torts & Product Liability | Appeals

AMERICAN BAR ASSOCIATION – SECTION OF LITIGATION – MASS TORTS  

The Carnaby v. Goodyear Tire and Rubber Co. action involving purported toxic workplace exposures in France presents something of a new strategic paradigm for the U.S. jurisdictional restrictions evolving out of the Daimler/Kiobel/Goodyear Dunlop line of cases. Carnaby v. Goodyear Tire and Rubber Co., No.

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From the Courts
February 1, 2015 | Insurance Coverage | Appeals

Plan Administrator Did Not Err In Requiring Plaintiff to Provide Objective Evidence of Her Fibromyalgia

The plaintiff in this case alleged that her health began to deteriorate beginning in early 2009, with symptoms that included debilitating pain and fatigue. By the end of that year, according to the plaintiff, these symptoms forced her to leave her

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N.J. Supreme Court to Decide Breadth of Insurance Fraud Act
January 11, 2015 | Insurance Fraud and Recovery | Insurance Coverage | Commercial Litigation | Appeals

The New Jersey Supreme Court has agreed to hear Allstate Ins. Co. v. Northfield Medical Center,1 which has consequences for insurers across the country seeking to deter insurance fraud schemes intended to avoid the prohibition on the corporate practice of medicine. The issue before the court is whether a health-care lawyer (who was not admitted

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ERISA and Insurer Fraud Suits Against Health Care Providers
January 5, 2015 | Insurance Coverage | Appeals

One of the significant legal issues facing an insurance company that brings a  federal lawsuit to recover allegedly improper payments that it has made to a  health care provider under an employee benefit plan is whether the carrier’s  complaint is preempted by the federal Employee Retirement Income Security Act of  1974 (ERISA). A finding of

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McAloon co-authors article for ABA’s Tort Trial & Insurance Practice Law Journal
December 31, 2014 | Appeals

Sean McAloon, a member of the Litigation & Appeals Practice Group, was a contributor to Recent Developments in Property Insurance Law, which has been published in the 2015 Annual Survey of the American Bar Association Tort Trial & Insurance Practice Law Journal.

Please click the link below to view the Article. Adobe Reader is required to

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Craft a Stronger Defense by Distinguishing Parody from Satire
December 31, 2014 | Appeals | Intellectual Property

“Parody” is a technique used by artists in various forms of entertainment, from comedians to radio disc jockeys to authors. “Parody,” in the copyright sense, generally involves using someone else’s copyright-protected work and results in copyright infringement, absent a license for the use. In some cases, however, an infringer can successfully claim “fair use” as

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From the Courts
December 1, 2014 | Insurance Coverage | Appeals

Company Is Sanctioned for Failing to Issue a Timely “Litigation Hold” in ERISA Cases

Foot Locker, Inc., was sued on June 23, 2006 and again on November 30, 2006 with respect to the conversion of its retirement plan from a “defined benefit” pension plan to a “cash balance” plan.

The June 23, 2006 complaint alleged

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State Legislatures Tackle Insurance Fraud
November 7, 2014 | Appeals | Insurance Coverage

In an effort to combat insurance fraud, state legislatures across the country have passed a wide variety of bills this year that their governors have signed into law. While many other bills failed to make it to a governor’s desk for one reason or another, some that have been introduced may yet become law.

Despite

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International Litigation of Product Liability Claims
October 31, 2014 | Complex Torts & Product Liability | Appeals

Paul Majkowski and Lawrence Han authored an article entitled, “International Litigation of Product Liability Claims: Korea,” which was published in the November 2014 issue of DRI For the Defense.

Please click the link below to read “International Litigation of Product Liability Claims.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC,

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