Appeals


Contractors Entitled To Jury Trial In Mechanics’ Lien Foreclosure Case
August 31, 2010 | Appeals | Insurance Coverage | Intellectual Property

Contractors often seek to amicably resolve disputes with property owners over payment disputes. Despite these efforts, contractors typically find the need to file a mechanic’s lien against the property they worked on to secure payment for their labor and services, followed by the commencement of litigation in which they must not only foreclose on the

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Rigorous Gatekeeping: Requiring a Full Daubert Analysis
August 11, 2010 | Appeals

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Rigorous Gatekeeping: Requiring a Full Daubert Analysis

Reprinted with permisson from DRI – The Voice of the Defense

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New York Insurance Coverage Law Update
August 1, 2010 | Appeals | Insurance Coverage

Parked Truck Was Being “Used” To Transport Sheet Metal That Allegedly Cut Insured

An employee returning to work after taking a break in her employer’s parking lot allegedly was injured when she walked into a piece of sheet metal extending beyond the tailgate of a co-worker’s parked truck, which the co-worker had planned

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An Association Does Not Equal Causation
July 31, 2010 | Appeals

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An Association Does Not Equal Causation

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Government, Private Parties Focus on Stopping Health Care Fraud
July 2, 2010 | Appeals | Insurance Coverage

In mid-June, the U.S. Attorney for the Eastern District of New York, Loretta E. Lynch, announced four separate indictments charging 17 individuals for their participation in an alleged health care fraud scheme. In addition, federal agents searched offices of 12 durable medical equipment retail companies located in South Brooklyn that were operated by the defendants

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Prevailing Plaintiff Denied Attorney’s Fees
June 30, 2010 | Appeals | Insurance Coverage

The plaintiff in this case brought a lawsuit under ERISA against Liberty Life Assurance Company of Boston after the insurer denied her claim for partial disability benefits. After the parties filed motions for summary judgment, the district court remanded the matter to the insurer for further administrative review of her claim. The district court instructed

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The Past, Present And Future of Mold Litigation
May 10, 2010 | Appeals | Health Services

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The Past, Present And Future of Mold Litigation

Reprinted with permission.  All rights reserved.

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Legislative And Regulatory Changes To Combat Rise In No-Fault Fraud
May 7, 2010 | Appeals | Insurance Coverage

Insurance fraud continues to increase in New York,[1] and one area that is growing with particular vigor is no-fault insurance fraud. In response to the rise in no-fault fraud, the state Legislature is considering new legislation, and the New York State Department of Insurance is actively engaged in potentially substantial modifications to the regulations that

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New York Insurance Coverage Law Update
May 1, 2010 | Appeals | Insurance Coverage

Second Circuit Opines That Limitations Period Begins To Run When Insureds’ Claim Against Homeowner’s Insurer Accrues

The insureds filed a claim with their homeowner’s insurer after their house began to collapse. The insurer denied coverage, and the insureds sued. The insurer maintained that the limitations period had expired, relying upon a policy provision that

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Insurer Has No Obligation To Cover Law Firm Losses In Email Scam
April 30, 2010 | Appeals | Insurance Coverage

Law firms in New York and across the country are being targeted in counterfeit check schemes that, according to the federal government, typically have the following elements: Scammers send e-mail to a law firm, claiming to be overseas and seeking legal representation to collect delinquent payments from third parties in the U.S. The law

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