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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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August 24, 2007
Publication - Subrogation & Recovery
Recalls for the week of 8/24/2007 - Breaking Legal News and/or Recall Alerts - Petters Consumer Brands-Sunbeam Over-the-Range Microwaves;Vance Kitira Recalls Cinnamon Spice Candles;Atico International USA Recalls Coffeemakers Sold Exclusively at Walgreens;Clarion Expands Recall of Vehicle Navigation and Entertainment System Batteries ;International Home Fashions and Bilt-Safe Technologies Recall “Classic Beautyrest” Electric Throws;Giftco Inc. Recalls Pine Cone Candle Sets;LED Lights Recalled by Plan 9;Toshiba Recalls Notebook Computer Batteries
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August 22, 2007
Publication - Subrogation & Recovery - Insurance
2007 Rocky Mountain Subrogation Seminar - 2007 Rocky Mountain Subrogation Seminar - Program Book - 95 pgs. This seminar booklet contains speaker profiles and PowerPoint presentations from the 2007 Rocky Mountain Seminar.
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August 21, 2007
Publication - Subrogation & Recovery - Insurance
Anticipation of Litigation: The Role of Litigation Privilege in Subrogated Claims - Subrogation and Recovery Alert! - 3 pgs total. When an insurer steps into the shoes of its insured and commences a subrogated action...it is often desirable for the insurer to withhold the production of certain documents that have been generated during the process of investigating the insured's claim. This may be permitted where the materials have been prepared with a view to litigation, pursuant to what is called “litigation privilege.” This privilege does have its limits and exceptions though.
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August 20, 2007
Publication - Insurance Coverage - Insurance
Fifth Circuit Court of Appeals Asks Texas Supreme Court to Resolve Issue of - Insurance Coverage Alert - 8/20/2007 -
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August 15, 2007
Publication - Insurance Coverage - Insurance
Colorado Court of Appeals Holds - Insurance Coverage Alert - 8/15/2007 - On August 9, 2007, the Colorado Court of Appeals held that a CG 20 10 (10/93)endorsement does not provide coverage to a general contractor for claims arising out of its subcontractor’s completed work or operations. Weitz Company, LLC v. Mid-Century Insurance Company, Colo. Ct. App., Case No. 06CA0163 (August 9, 2007).
In Weitz, a general contractor (Weitz) subcontracted with a mechanical subcontractor
for work on an office building it was constructing.
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August 13, 2007
Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance
New York Insurance Department Proposes Legislation to Bar Denial of Claims on the Ground of Late Notice. - Insurance Corporate & Regulatory Alert - 8/13/2007 - Within two days after New York Governor Eliot Spitzer vetoed legislation that would have prevented a property/casualty insurer from denying a claim on the ground of late notice without a showing of material prejudice, the New York Insurance Department(the “Department”) proposed amendments to the New York Insurance Law to accomplish that objective.
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August 08, 2007
Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance
New York Governor Vetoes Major Insurance Legislation - Insurance Corporate & Regulatory Alert - 8/08/2007 - In an August 1, 2007 veto message, New York Governor Eliot Spitzer rejected legislation amending the New York Civil Practice Law and Rules to permit a declaratory judgment action to determine the extent of insurance coverage available to a party to a lawsuit. The vetoed legislation also added a provision to the New York Insurance Law to prevent an insurer from denying coverage on the basis of late notice
unless material prejudice could be shown.
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August 01, 2007
Publication - Insurance
Trial Advocacy: Feeding The Pipeline - The Metropolitan Corporate Counsel - The Editor interviews Hayes Hunt, Member,
and Benjamin E. Zuckerman, Of Counsel, Cozen O’Connor. Both conceived and developed Cozen O’Connor’s Inaugural Trial Academy.
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