Appeals


“Prior Knowledge” Exclusion, Law Firm Coverage and Client Fraud
March 4, 2011 | Appeals | Insurance Coverage

Issues of fraud arise in numerous contexts in the insurance industry.  Not only are questions of fraud often relevant to determining the validity of claims, they also arise in determining if a claim was timely disclosed at the inception of the insuring relationship. 

Professional liability insurance policies purchased by lawyers and other professionals typically contain

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Second Circuit Affirms Dismissal of Police Officers’ Constitutional Claims
February 28, 2011 | Appeals | Insurance Coverage

The United States Court of Appeals for the Second Circuit has finally put an end to the wave of controversy that has surrounded the Village of Ocean Beach Police Department for the past few years. Back in 2007, several disgruntled ex-employees of the Ocean Beach Police Department commenced an action against the Village of

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Courts Grapple With Discovery of Posts
February 15, 2011 | Professional Liability | Appeals

Social media allows users to post their photos and videos online and discuss their lives, health, and interests. Indeed, Facebook recognizes that “one of the primary reasons people use Facebook is to share content with others. Examples include when you update your status, upload or take a photo, upload or record a video, share a

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Second Circuit Affirms Default Judgment In A Multi-Million Dollar RICO Action Stemming From Fraudulent Dental Practices
January 31, 2011 | Appeals | Labor & Employment

State Farm Mutual Automobile Insurance Company v. Barry Cohan, D.D.S. et al
                        United States Court of Appeals For The Second Circuit

A decision issued by the United States Court of Appeals for The Second Circuit on February 8, 2011 affirmed an order of the District Court, which denied defendants’ motion to

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Update on Key Issues From 2010
January 7, 2011 | Appeals | Insurance Coverage

The beginning of the new year seems an appropriate time to update some of the insurance fraud issues discussed in this column over the past year.

As noted here last January, the Court of Appeals decision in State Farm Mutual Auto. Ins. Co. v. Mallela established that a violation of a licensing requirement by a

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Court Rules That Investment Losses Sustained as a Result of Madoff Ponzi Scheme Are Not Covered Under Homeowner’s Policy
January 6, 2011 | Appeals | Insurance Coverage

The attached decision, issued on December 20, 2010 by Judge Lewis Kaplan, granted summary judgment to Fireman’s Fund and dismissed plaintiff’s Complaint. Rivkin Radler attorneys Michael Troisi, Michael Versichelli and Michael Welch represented Fireman’s Fund.

Plaintiff, Sharon Lissauer, sustained losses as a result of the Bernard Madoff Ponzi scheme. Over the course of many

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Court of Appeals Expands Meaning of “Latency” Under CPLR Section 214-c
December 31, 2010 | Appeals | Health Services

In its recent decision in Giordano v. Market America, Inc. and Chemins Co., Inc., 2010 NY Slip Op 8382; 2010 N.Y. LEXIS 3284 (November 18, 2010), the New York Court of Appeals (4-3 decision) expanded the definition of latency for purposes of the application of the statute of limitations under CPLR §214-c. Giordano originated as

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Court Dismisses Class Action Challenging Automobile Insurer’s Specification of ‘Non-OEM’ Crash Parts In Repair Estimates
| Appeals | Insurance Coverage

Patchen v. Government Employees Insurance Company, U.S. District Court, Eastern District of New York

On January 7, 2011, United States District Court Judge Arthur Spatt granted GEICO’s motion to dismiss plaintiffs’ Complaint. Rivkin Radler attorneys Evan H. Krinick, Michael P. Versichelli and Michael P. Welch represented GEICO. The case presented an important issue that has

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Terminating Employees For Unapproved Posts
December 21, 2010 | Professional Liability | Appeals

Once the bastion of college students and computer geeks, social media[1] are now established means of communication for mainstream society – be it commercial, political or personal speech.

Businesses increasingly rely on social media to create “buzz” around their products and services, effectuate deals and sales and provide key customer-business interfaces, among other things. Obviously,

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A Primer for the New Practitioner on Defending the Design Professional
December 14, 2010 | Professional Liability | Appeals

This article is planned as the first in a series of short articles concerning practice tips in the handling of a construction defect case from initial assignment, through discovery and trial preparation.  The focus will mainly be for the newer practitioner (or one new to the field) and I will draw upon my almost 30

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