Recent Publications


When Products Liability Begets Directors and Officers Liability
March 31, 2015 | Directors & Officers Liability

Joseph Monteleone, a partner in the firm’s Directors & Officers Liability Practice Group, has published an article entitled, “When Products Liability Begets Directors and Officers Liability,” in the Spring 2015 issue of New Jersey Defense. 

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Recent Developments In Business Litigation
March 31, 2015 | Appeals

Michelle Bholan, Michael Sirignano and Frank Tiscione co-authored an article for the Tort Trial & Insurance Practice Law Journal entitled, “Recent Developments In Business Litigation.” 

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Natural Gas Leak Was a “Pollution Condition” under Contractors’ Pollution Liability Policy, Wisconsin Supreme Court Decides
March 31, 2015 | Insurance Coverage

The Wisconsin Supreme Court, reversing a decision by an intermediate appellate court, has ruled that a natural gas leak was a “pollution condition” under a contractors’ pollution liability insurance policy.

The Case

Dorner, Inc., a construction company, contracted with the Wisconsin Department of Transportation to perform road construction, including underground excavation. While Dorner’s employees were

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Insurer Was Not Estopped from Denying Coverage Even Though It Had Been Defending Insureds for over Three Years
March 31, 2015 | Insurance Coverage

A federal district court in Pennsylvania has ruled that an insurer that issued timely reservation of rights letters was not estopped from denying coverage even though it had been defending the insureds for over three years. 

The Case

Randy and Erin Shearer sued a number of homeowners in a Pennsylvania state court alleging that, after

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Coverage for Malicious Prosecution Claim Was Triggered at Beginning of Prosecution, Not When Accused Was Released, Illinois Appeals Court Holds
March 31, 2015 | Insurance Coverage

An appellate court in Illinois has ruled that coverage for a malicious prosecution claim under the language of law enforcement liability insurance policies issued to a city and its police officers was triggered at the commencement of the alleged malicious prosecution, not at termination of the prosecution in favor of the accused.

The Case                                                                                   

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Intellectual Property Exclusion Barred Coverage of Claims that Insured Manufactured and Distributed Products under Trademarks It Did Not Own
March 31, 2015 | Insurance Coverage

An appellate court in California has affirmed a trial court’s ruling that an intellectual property exclusion in an insurance policy precluded coverage of claims by the estate of R. Buckminster Fuller that the insured had violated its trademarks through the manufacture and distribution of a number of products. 

The Case

The Fuller estate sued Maxfield

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“Designated Products” Exclusion Precluded Coverage of Claims in Personal Injury Lawsuit over a Tree Stand
March 31, 2015 | Insurance Coverage

A federal district court in Pennsylvania has ruled that a “designated products” exclusion in a commercial general liability insurance policy precluded coverage of claims brought against the insured for a product manufactured by a company before the insured had acquired certain of the manufacturer’s assets. 

The Case

Daniel Webb alleged that he was injured during

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Managing Product Liability in the Chemicals Sector
March 31, 2015 | Complex Torts & Product Liability

Paul Majkowski, a Partner in the Firm’s Litigation & Appeals Practice Group, participated in a mini-roundtable article entitled, “Managing Product Liability in the Chemicals Sector.”

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Excess, Surplus Lines, and Reinsurance Committee: Among Experienced and Diverse Professionals, Find Great Friends
March 31, 2015 | Insurance Coverage

Michael Kotula, a partner in the Firm’s Insurance Coverage & Litigation Practice Group, wrote an article entitled, “Excess, Surplus Lines, and Reinsurance Committee: Among Experienced and Diverse Professionals, Find Great Friends,” for the Spring 2015 issue of the Tort Trial & Insurance Practice Law Section Journal (Vol. 44-3).

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RICO Actions Fight No-Fault Insurance Fraud
March 31, 2015 | Appeals

Michael A. Sirignano and Frank P. Tiscione published an article entitled, “RICO Actions Fight No-Fault Insurance Fraud,” in the Spring 2015 issue of the ABA Tort Source, a publication of the Tort Trial & Insurance Practice Section.

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The New York Attorney General’s Dietary Supplement Investigation: Where We Stand Today
March 23, 2015 | Health Services

Marc Ullman’s article entitled, “The New York Attorney Geneal’s Dietary Supplement Investigation:  Where We Stand Today,” was published by Natural Products Insider.

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Senators Introduce Bill to Decriminalize Marijuana
March 18, 2015 | Health Services

New York’s junior senator, Kristin Gillibrand, joined with New Jersey senator Cory Booker and Kentucky senator Rand Paul to introduce a bill that would decriminalize marijuana, removing the threat of federal prosecution for the growth and manufacture of medical marijuana in states that allow for it, including New York. 

The bill addresses many issues medical

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New York’s Top Court Rules that Water Damage Exclusion Barred Coverage and Rejects Plaintiffs’ Interpretation of Ensuing Loss Protection
March 6, 2015 | Insurance Coverage | Appeals

The New York Court of Appeals, in Platek v. Town of Hamburg, has reversed an appellate court’s decision and ruled that a water damage exclusion in a homeowners’ insurance policy precluded coverage for a claim that the insureds’ basement was flooded after a water main ruptured.  In so ruling, the Court also rejected the plaintiffs’

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Challenging Fraud by Employers in Workers’ Compensation
March 6, 2015 | Insurance Coverage | Appeals

Workers’ Compensation insurance carriers face a variety of employer schemes intended to defraud them out of insurance premiums in one way or another. After briefly discussing the requirements of New York’s Workers’ Compensation Law (WCL), this column explores some of the methods disreputable companies sometimes use to avoid their obligations. It concludes with a discussion

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

U.S. Supreme Court Rules that Time Spent to Undergo Antitheft Security Screening is Not Compensable under the FLSA

Integrity Staffing Solutions, Inc., a company that provides warehouse staffing to Amazon.com throughout the United States, required its employees to undergo a security screening before leaving the warehouse at the end of each day. During this screening,

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