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October 26, 2007
Publication - Subrogation & Recovery
Recalls for 10/26/2007 - Breaking Legal News and/or Recall Alerts - This week covers:J.C. Penney Recalls Shag Rugs Due to Fire Hazard;Christmas Tree Shops Recalls Glitter Candles Due to Fire Hazard;P3 International Recalls IonizAir™ Air Purifiers due to Risk of Fire
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October 23, 2007
Publication - Insurance Coverage
2007 Insurance Coverage Seminar - New York City - Seminar Presentation - Program Book - Speaker profiles, Practical Issues in Enforcement of Claims-Made Policies, Basics of D&O Insurance, Analyzing a Claim with Results Oriented to Your Best Interest in Spite of an Extra-Contractual Twist, "Food Fight!" Who Pays When Good Food Goes Bad?, Maritime Insurance: Recurring Coverage Issues, Managing Discovery of Electronic Information: A Pocket Guide for Judges
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October 19, 2007
Publication - Insurance Coverage
Liability insurance policies generally provide that the insurer will pay on behalf of the insured ''all sums'' which the insured shall become ''legally obligated to pay as damages'' because of bodily injury or property damage to which the insurance applies. Many courts have interpreted the term ''damages'' as ''payment made to compensate a party for injuries suffered.'' The dictionary definition of ''damages'' is ''the estimated reparation in money for detriment or injury sustained.''
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October 18, 2007
Publication - Insurance Corporate & Regulatory, Insurance Coverage
New York’s High Court Decides That Liquidation Bureau Is Not a State Agency - Insurance Corporate & Regulatory Alert! - The New York State Court of Appeals, New York’s highest court, has unanimously
held that the New York Liquidation Bureau (the “Bureau”) is not a state agency under
the State Finance Law, and that the New York State Comptroller (the “Comptroller”)
does not have the constitutional or statutory authority to conduct a pre-audit of
Bureau expenditures, post-audit of the financial management and operating practices
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October 12, 2007
Publication - Products Liability
A Pre-Trial and Procedural Roadmap for Defending Food-Related and Other Mass Tort Litigation - Cozen O'Connor Whitepaper - This past year has seen a wide variety of news coverage related to our nation’s food
supply. In early 2007, the FDA promulgated guidelines pertaining to fresh cut produce.
Concerns surrounding contaminated spinach, green onions, other vegetables and most recently,
beef have led to various recalls by manufacturers and others in the industry.
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October 09, 2007
Publication - Insurance Coverage - Insurance
Oregon Federal Judge Rules that Cost of Preventing Future Contamination not a Covered Indemnity Cost - Insurance Coverage Alert! - An Oregon Federal Judge has adopted the Findings and Recommendations of an
Oregon Magistrate Judge and granted partial summary judgment ordering that an
insured is precluded from recovering as indemnity costs, $6.8 million in claimed costs
for an effluent pretreatment system to prevent future contamination from its operations
of a municipal sewer system.
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October 09, 2007
Publication - Government & Regulatory, Subrogation & Recovery - Insurance
Sompo vs. Altadis/COGSA vs Carmack - Maritime Alert! - 4 pgs total. In conclusion, despite the U.S. Supreme Court’s efforts in Kirby to adopt a single default rule on cargo liability for intermodal shipments, federal courts throughout the U.S. are nevertheless split on how to apply COGSA and Carmack in a consistent and methodical fashion. Until then, we recommend that our maritime clients take all necessary steps to protect their respective interests under both COGSA and Carmack.
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October 05, 2007
Publication - Subrogation & Recovery
Recall Information from 10/05/2007 - Breaking Legal News and/or Recall Alerts - This week covers: Back to Basics Products Recalls Iced Tea Makers Due to Fire Hazard;Hayes Company Inc. Recalls Outdoor Candles Due to Fire and Burn Hazards;Salton Inc. and QVC Recall Electric Toasters Due to Fire Hazard
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October 01, 2007
Publication - Products Liability
Beware Diacetyl: The Next Legal Quagmire? - Food Safety Magazine - Move over asbestos, you may have met your match. For years, personal injury lawyers have been searching for “the next asbestos,” and although they achieved significant successes against big tobacco, a new toxin with the staying power of asbestos has remained elusive. Recent court rulings and years of civil lawsuit defeats have dulled the once shining star of so-called toxic mold. Personal injury lawyers may now be on the verge of striking gold—that is, the golden hue
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October 01, 2007
Publication - Subrogation & Recovery - Insurance
Fall 2007 - Subrogation and Recovery Observer - As football season gets underway and the exciting post-season baseball action has
started, Cozen O’Connor’s Subrogation Department is pleased to announce the continued expansion of our team roster. The Fall 2007 edition of the Subro Observer includes the introduction of five new attorneys in Philadelphia, Charlotte, Chicago, San Diego, and Los Angeles.
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October 01, 2007
Publication - Construction Law - Real Estate & Construction
The Care and Feeding of an Expert Witness - Watch Out, They May Bite! - STRUCTURE -
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September 26, 2007
Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance
Appellate Court Rules Contingent Commissions Are Legal in New York - Insurance Corporate & Regulatory Alert - The payment of contingent commissions to insurance brokers and agents has received
a substantial amount of attention since 2004. Probes initiated by New York Attorney
General Elliot Spitzer (now Governor) into both bid-rigging practices and the
payment of contingent fees to brokers who steer business to particular insurance
companies have resulted in lawsuits and
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September 25, 2007
Publication - Business, Health Care & Life Sciences - Health Care & Life Sciences
Pending Changes to the Stark Law Phase III - Health Law Alert - On September 5, 2007, the Centers for Medicare & Medicaid Services (CMS)
published its long-awaited Phase III regulations regarding the federal ban on
physician self-referrals, more commonly known as “Stark.” CMS claims that the
Phase III Stark regulations, effective on December 4, 2007, will reduce the
regulatory burden on the health care industry, “simplify” the rules and provide
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September 21, 2007
Publication - Insurance Coverage
No Fruit From The Poisonous Tree Coverage? - Insurance Coverage Alert - Food Contamination Coverage Alert - In Stark Liquidation Co. v. Florists Mutual Ins. Co., No. ED87852 (Mo. Ct. App. Aug.
14, 2007), the Missouri Court of Appeals recently held that an insurer is required to
defend a loss of use property damage claim asserted against its insured for damages
caused by the failure of bacterially-infected apricot trees to produce fruit. The Stark
decision will likely be relied
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September 21, 2007
Publication - Subrogation & Recovery - Insurance
Brass Fittings Don't Hold Water - Subrogation and Recovery Alert! - 1 pg total. Plumbing systems that incorporate brass fittings manufactured by Zurn are likely to cause water damage and mold infestation in residences, according to a group of Minnesota homeowners who recently filed a class action lawsuit in Minnesota federal court against Zurn Pex, Inc. and Zurn Industries, Inc., the fittings manufacturers.
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September 07, 2007
Publication
Are Secondments The Wave Of The Future? - The Metropolitan Corporate Counsel -
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September 01, 2007
Publication - Immigration Policy & Strategy, Labor & Employment
Our Fall 2007 Labor and Employment Law Observer covers a multitude of topics of interest to in-house counsel, human resource professionals and corporate management.
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September 01, 2007
Publication - Insurance Coverage - Insurance
Summary of Claims Handlng Statutes - Northwest Jurisdictions - Jurisdictional Comparative Chart - 43 pgs total, revised 6/07. Table properties: TIME PERIOD IN WHICH INSURER MUST ACKNOWLEDGE CLAIM; TIME PERIOD IN WHICH INSURER MUST REPORT INVESTIGATION OF CLAIM. Majority of document reviews state by state, Acknowledgment of Claim & Prompt, Fair, and Equitable Settlement of Claim.
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September 01, 2007
Publication - Construction Law - Real Estate & Construction
Sorting Out Liability after a Disaster - STRUCTURE - Architects and engineers are often involved in all aspects of planning and designing a building, perhaps supervising construction and maintaining safety standards. A person providing such professional services has the legal duty to exercise the degree of skill, care and diligence common to other professional members under similar circumstances. Because architects and engineers possess knowledge, skill and training superior to that of the ordinary person,
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August 30, 2007
Publication - Sports
Slugging Through Boxing's Contactual Minefields: Practical Solutions to Restore a Great Sport - Entertainment & Sports Lawyer - As an aspiring screenwriter, expression misappropriation in the screenwriting field strikes a particular chord with me. If any aspect of entertainment is unglamorous, it is the life of a screenwriter-particularly the unknown screenwriter. Unknown screenwriters rarely have resources (or the talent) to turn their manuscripts into motion pictures.
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