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October 09, 2012
Publication - Subrogation & Recovery - Insurance
Maryland's Rule of Contributory Negligence - Subrogation and Recovery Alert! - For the past 165 years in Maryland, if a jury found a plaintiff even as little as 1 percent responsible for an alleged injury, any recovery against the defendant(s) was barred. This is known as the contributory negligence doctrine.
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October 09, 2012
Publication - Insurance Coverage - Insurance
Ninth Circuit Upholds Dismissal of Global Warming Action on Displacement Grounds - Global Insurance Alert - The U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a complaint filed by the Native Village of Kivalina and the city of Kivalina (collectively Kivalina) against 22
of the world’s largest energy producers alleging damages caused by global warming. Kivalina v. ExxonMobil Corp.,No. 09-17490 (9th Cir. filed Sept. 21, 2012). Kivalina alleged that the barrier island on which the village is located is becoming uninhabitable.
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October 04, 2012
Publication - Insurance Coverage - Insurance
Utah Court of Appeals Relies on Wikipedia to Determine Common Meaning of Term Used in Insurance Policy Exclusion - Global Insurance Alert - In Fire Insurance Exchange v. Oltmanns, 2012 UT App 230 (2012),the court determined the term “jet ski” as used in an exclusion in a homeowner’s policy was ambiguous, based in part on a Wikipedia definition of the term.
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October 03, 2012
News
David Barron and Charles Wilson, of the firm's Labor & Employment Group in Houston, discuss the employment-related dangers of political discourse in the workplace on Fox News.
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October 01, 2012
Publication - Business, Public & Project Finance
SEC Recommends Major Changes in Municipal Securities Market - Public & Project Finance Alert - The Securities and Exchange Commission (the SEC) on July 31, 2012 issued a comprehensive report with recommendations to improve the municipal securities market and enhance disclosure provided to investors.
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September 27, 2012
News
Arts & Business Council of Greater Philadelphia Appoints New Advisory Board Chair
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September 26, 2012
Publication
The Effects of Social Media on the Workplace - The Legal Intelligencer - Giving your opinion on politics or complaining about the boss via Facebook is so commonplace and rampant that few people probably stop to think about the consequences of their posting.
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September 26, 2012
Publication
Preview of the U.S. Supreme Court's Upcoming Term - The Legal Intelligencer - The Supreme Court will continue its recent trend of answering important questions in intellectual property litigation.
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September 25, 2012
Press Release
Cozen O’Connor Announces Michael J. Heller as Chief Executive Officer In Planned Leadership Transition Amid Growth
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September 25, 2012
Publication - Bad Faith, Insurance Coverage - Insurance
Texas Supreme Court Revisits Ruttiger Extracontractural Liability in Workers' Compensation Claims All But Vanquished - Global Insurance Alert! - On June 22, 2012, the Texas Supreme Court, in Texas Mutual Insurance Company v. Ruttiger, withdrew its original August 26, 2011 opinion, substituting it with an opinion that even further limits a claimant’s extra-contractual rights in a workers’ compensation matter.
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September 25, 2012
Publication - Subrogation & Recovery - Insurance
Exculpatory Provisions Can No Longer Preclude Liability for Reckless Acts in Pennsylvania: The Supreme Court of Pennsylvania's Recent Decision Shows that the Tide is Turning - Subrogation and Recovery Alert! - Have you handled a good liability case only to find an exculpatory clause in the contract or lease allowing the targeted party to avoid liability for its negligent acts or omissions? Now, in Pennsylvania, liable parties no longer can
claim blanket protection under an exculpatory provision if they were potentially reckless in bringing about a loss.
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September 20, 2012
News
Ken Fisher quoted in the New York Times
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September 20, 2012
Publication - Bad Faith, Insurance Coverage - Insurance
Florida Appellate Court Holds that Appraisal Award Constitutes a 'Favorable Resolution' and Permits Insured to Pursue Bad Faith Claim - Global Insurance Alert - The Florida District Court of Appeal, Fourth District, recently held that an appraisal award in favor of an insured constitutes the "favorable resolution" of an action for insurance benefits necessary to proceed with a statutory first-party bad faith action under Florida law. Trafalgar v. Zurich Ins. Co., 2012 WL 3822215 (Fla. App. 4 Dist. Sept. 5, 2012).
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September 18, 2012
Publication - Employment Litigation, Labor & Employment
Governor Andrew Cuomo (D-N.Y.) just made things a little easier for employers. Effective November 6, 2012, employers in New York will have greater flexibility when it comes to permissible deductions from employee wages.
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September 14, 2012
Press Release
Ambassador David F. Girard-diCarlo, Ret., Announces Retirement From Cozen O’Connor
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September 14, 2012
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
Sixth Circuit Confirms that Cybercrime is Crime... and Finds Coverage - Global Insurance Alert - On August 28, 2012, the 6th Circuit Court of Appeals handed down a groundbreaking decision that sent shock waves through the world of cyber-risk insurance.
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September 14, 2012
Publication - Utility & Energy
D.C. Circuit Court Rejects EPA's Multistate Power Plant Rule - Energy, Environmental and Utilities Alert - On August 21, 2012, two judges on a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued an opinion vacating the Cross-State Air Pollution Rule (CSAPR), a complex rule designed by the U.S. Environmental Protection Agency (EPA) to regulate emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) from multiple power plants across 28 states.
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September 13, 2012
Publication - Subrogation & Recovery - Insurance
Fire on the Mountain: Rapidly Growing Fire on Capser Mountain Near Casper, Wyoming - Subrogation and Recovery Alert! - A rapidly spreading wildfire, the Sheep Herder Hill fire, that broke out on the afternoon of Sunday, September 9, 2012, has now burned at least six structures, more than seven-square-miles, and forced some 500 people to evacuate from Casper Mountain, according to the Associated Press on Monday.
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September 13, 2012
Publication - Employment Litigation, Labor & Employment
Fluctuating Workweek Overtime Method Not Permissible Under Pennsylvania Law - Labor and Employment Alert - A federal court in Pennsylvania recently held that the "fluctuating workweek method" of calculating overtime compensation violates Pennsylvania’s Minimum Wage Act (PMWA), 34 Pa. Code. § 231.43(d)(3). See Foster v. Kraft Foods Global, Inc., No. 2:09-cv-00453 (W.D. Pa. Aug. 27, 2012).
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September 13, 2012
Press Release
Cozen O'Connor Ranks #1 in the Country in AmLaw 2012 Summer Associate Survey
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