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November 03, 2010
Publication - Subrogation & Recovery
Insurer, Insured And Priority In Recovery Proceeds -Who Gets What and When? - Cozen O'Connor Newsletter - In handling recovery matters, issues constantly arise concerning deductibles, uninsured losses and additional claims that may be or are asserted by insureds. There may be legitimate uninsured losses sustained by an insured when there is insufficient coverage for the risk. There may be claims that, asserted at law, are subject to standards and measures of damage that differ greatly from the insurer’s contractual indemnity
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November 03, 2010
News
Thomas G. Wilkinson, Jr., a member in the firm’s Philadelphia office, was appointed to the Pennsylvania Bar Association’s task force on the Interbranch Commission on Juvenile Justice Report.
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November 03, 2010
News
Lisa Haas and Michael Heller Elected to GPCC Board
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November 03, 2010
Publication - Insurance Coverage, Subrogation & Recovery
Can Contribution Claims Be Asserted Against A Tortfeasor Otherwise Immune To A Direct Subrogation Action? - Cozen O'Connor Alert - The Superior Court of Delaware handled a similar issue involving a contribution claim and whether it was barred by the anti-subrogation rule. Great Am. Assurance Co. v. Fisher Controls Int’l, Inc., 2003 WL 21901094 (Del. Super. Aug. 4, 2003). In that case, plaintiff insurer sued several defendants for a loss at a refinery. Those defendants sought contribution from another party as a joint tortfeasor. Id. at *1. Instead of
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November 02, 2010
Publication - Intellectual Property
Patent Pools, Patent Misuse and Antitrust Rule of Reason Analysis - The Legal Intelligencer - The Court of Appeals for the Federal Circuit (CAFC) recently decided a very important case at the intersection of patent and antitrust laws. It presented the question of whether it was "patent misuse" to tie together, for purposes of licensing, a group of the patents owned by different companies who were competitors.
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November 01, 2010
Publication - Products Liability - Health Care & Life Sciences
The Difficulty in Certifying a Class Action Against Drug Companies - Life Sciences Alert! - Three cases decided over the past few months demonstrate the difficulty with certifying class actions by third-party payors (TPPs) against drug companies.
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November 01, 2010
Publication - Insurance Corporate & Regulatory, Insurance Coverage - Insurance
The Nonadmitted and Reinsurance Reform Act of 2009 would reduce the complexity of complying with state insurance regulations and tax regimes applicable to policies issued by nonadmitted insurers that cover risk exposures in more than one state.
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November 01, 2010
Publication - Construction Law
Given the myriad of research over the last decade, it is now fair to say that drug and alcohol use in the construction industry is a significant issue to all involved: workers, unions, trade contractors, developers and owners.
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October 28, 2010
Publication - Labor & Employment
We are pleased to present the latest edition of the Labor and Employment Observer. We hope you find this issue both useful and informative.
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October 25, 2010
Press Release
Cozen O’Connor Ranked Fourth in Nation For Summer Associates Program
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October 22, 2010
Publication - Products Liability - Health Care & Life Sciences
Investigational Devices and the Defenses that Protect Them - Cozen O'Connor Paper -
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October 21, 2010
Publication - Subrogation & Recovery - Insurance
Naming John Doe: Suing a Fictitious Defendant to Further Your Investigation and Toll the Statute of Limitations - Subrogation and Recovery Alert! - Do you have a statute of limitations running out but the correct defendant is not known yet? It happens to everyone now and then. What do you do to avoid losing your potential subrogation recovery? This Alert discusses suing a "fictitious" Doe defendant to help preserve the subrogation case while conducting additional discovery.
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October 19, 2010
Publication
The United States Supreme Court to Consider the Reach of Personal Jurisdiction in Product Liability Actions - Litigation Alert! - On September 28, 2010, the United States Supreme Court granted certiorari in two product liability cases, J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343, 2010 U.S. LEXIS 5747, *1 (U.S. Sept. 28, 2010) and Goodyear Luxembourg Tires, S.A. v. Brown, No. 10-76, 2010 U.S. LEXIS 5750, *1 (U.S. Sept. 28, 2010), which are to be “argued in tandem.” In both cases, state courts found that they had personal jurisdiction over foreign companies.
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October 19, 2010
Publication - Labor & Employment - Real Estate & Construction
On October 19, 2010, the Occupational Safety and Health Administration (OSHA) published a notice in the Federal Register proposing to change the way in which the noise exposure standards for construction and general industry are interpreted, and modifying its enforcement policy accordingly.
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October 18, 2010
Publication - Antitrust & Competition, Business, Health Care & Life Sciences
DOJ Follows Through on Pledge; Sues BCBS of Michigan Over MFN Clauses - Health Law Alert! - The U.S. Department of Justice filed an antitrust lawsuit today against Blue Cross of Michigan alleging that “most favored nation” clauses (“MFNs”) in its hospital contracts violate §1 of the Sherman Act because they serve to raise hospital prices, prevent other insurers from entering the marketplace, and discourage hospitals from providing discounts to other insurers. DOJ seeks to have MFNs between Blue Cross and hospitals declared illegal, to
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October 15, 2010
Publication - Real Estate Litigation - Real Estate & Construction
The Developers' To-Do List While Waiting for Money to Thaw - Real Estate Alert! - Tempting though it may be to spend time and effort on projects and tasks that got shunted aside during the heyday of the last real estate boom, but never went away, or on non-business pursuits, this is a perfect time -- even a critical time -- to position yourself and your businesses for the next economy. Please call us for additional suggestions, implementation advice, or just a good sounding board for your own ideas.
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October 12, 2010
Publication - Labor & Employment
Immigration Alert - Labor & Employment Alert! - We are pleased to present our Immigration Alert informing our clients of the current availability of the H-1B Temporary Worker Visas, the Diversity Visa Lottery and a Legislative Update
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October 11, 2010
Publication - Insurance Coverage, Subrogation & Recovery
Wildfire Losses: Igniting a Recovery Claim - Claims Advisor - Your BlackBerry beeps, revealing a series of new loss assignments. It must be fire season—again. So far in 2010, California has seen a multitude of wildfires (Crown, West, Bull, etc). Colorado also experienced devastating property loss from late summer blazes, and other states—albeit with fewer headlines—fell victim to widespread forest fires and the resulting economic losses. For insurance professionals, wildfire claims can
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October 01, 2010
Publication
Stay Off the Hook for TCPA Claims - Law.com - Automatically dialing cell phones could land your company in court and cost you millions, with a growing number of
cases alleging violations of the Telephone Consumer Protection Act (TCPA) ...
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October 01, 2010
Publication - Insurance Coverage - Insurance
According to the Centers for Disease Control and Prevention, an estimated 76 million cases of foodborne illness occur each year in the United States, resulting in approximately 325,000 hospitalizations and 5,000 deaths. These staggering statistics, along with a seemingly endless list of food recalls and associated public outrage, have prompted the government to react.
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