General Liability

New Department of Labor Guidance on Retaliation under the FLSA and FMLA
October 20, 2022 | Daniel E. Furshpan | General Liability | Medical Malpractice Defense

On March 10, 2022, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) released new guidance intended for employers. The guidance gives specific examples of what constitutes unlawful retaliation under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and visa programs. The guidance contains several hypothetical

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Richman and Bushwack Publish Article in Mealey’s Elder Law Report
July 21, 2020 | General Liability

David Richman and Jacqueline Bushwack published the article, “The Invisible Tort: Preparing For The Defense Of COVID-19 Negligence Claims” in Mealey’s Elder Law Report. It was previously published in Mealey’s Personal Injury Report.

The article discusses how lawsuits are likely to be brought up against businesses if someone thinks he or she contracted COVID-19 there.

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Commercial General Liability Insurance Coverage for COVID-19 Lawsuits
March 20, 2020 | Joanne M. Engeldrum | Siobhain P. Minarovich | General Liability | Insurance Coverage

In this time of medical and economic uncertainty, one thing is for sure – lawsuits alleging injury and damage from the coronavirus pandemic are inevitable. While the country remains in lockdown – schools and businesses are shut down, employees are working from home and everyone is practicing social distancing and self-quarantine – lawsuits have already

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Raia Writes for Best’s Review on Litigation Stemming from Students’ Sports Injuries
February 3, 2020 | Frank Raia | Commercial Litigation | General Liability

Frank Raia wrote an article entitled “Play Ball!” for Best’s Review, A.M. Best’s monthly insurance magazine. Frank discusses the challenge that colleges and universities face defending a lawsuit when a student gets injured participating in a school-sanctioned sports activity.

To read the article, click here.

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Gordon and Izzo author article for Pratt’s Journal of Bankruptcy Law
October 4, 2019 | Stuart I. Gordon | Frank P. Izzo | Bankruptcy | General Liability

Stuart Gordon and Frank Izzo have authored an article, “Transgender Woman’s Employment Discrimination Judgment Was Nondischargeable, New York Bankruptcy Court Decides,” for Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

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Strober Published in FC&S Legal
July 5, 2018 | Eric S. Strober | General Liability

Eric Strober’s article, “Insurers and Defendants Take Note: There Has Been a Monumental Change to Negligence Litigation in New York” was published in the Eye of the Experts column in FC&S Legal.

Click here to read the full article.

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Feld Publishes Article in DRI Newsletter
January 3, 2018 | Brian L. Feld | Complex Torts & Product Liability | General Liability

Brian Feld’s article, “Mutation and Evolution: The Effect of the BAP1 Gene on Asbestos Litigation,” appeared in the December 29, 2017, newsletter of DRI’s Toxic Tort and Environmental Law Committee.

To read the article, click here.

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Furshpan Publishes DRI Trials and Tribulations Article
September 25, 2017 | General Liability

Daniel Furshpan’s article, “How to Successfully Impeach a Witness with Deposition Testimony,” appeared in the September 25, 2017, issue of Trials and Tribulations, the newsletter of DRI’s Trial Tactics Committee.

To read the article, click here.


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Effective Oral Advocacy
June 6, 2017 | General Liability

Preparing for and delivering a winning oral argument is a skill innate to some, but to most others, it is honed by years of practice and experience. Whether arguing an appeal or motion for summary judgment in a lower court setting, this guideline is intended to provide young lawyers with basic rules for effective and

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Pollution Exclusion Precluded Coverage for Suit Alleging Harm from Carbon Monoxide
April 21, 2017 | General Liability

The U.S. District Court for the District of Oregon has ruled that a pollution exclusion in a commercial general liability insurance policy excluded coverage for claims arising from alleged carbon monoxide poisoning.

The Case

Plaintiffs sued Victory Construction LLC, d/b/a Premier Pools and Spas of Oregon, alleging negligence in the installation and ventilation of a

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