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March 05, 2015
Publication - Bankruptcy, Insolvency & Restructuring
David Doyle co-authored an article published by the American Bar Association advising readers why the court limited the scope in the context of a debtor's attempt to settle with its primary insurer.
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March 05, 2015
News - Condominiums & Cooperatives, Real Estate
Leni Morrison Cummins, a member in the firm's Real Estate Group, is quoted in The Cooperator, on an article discussing the answer of who pays for a water leak in a cooperative apartment.
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March 04, 2015
Publication - White Collar Defense & Investigations
In an article titled “Courts Clarify Scope of Privilege for Internal Corporate Investigations,” Thomas Wilkinson and Tamar Wise, members of Cozen O’Connor’s Commercial Litigation Department, discuss a wave of recent cases which have clarified the scope of the attorney-client and work-product privileges in the context of internal corporate investigations.
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March 04, 2015
Publication - Tax
A panel of the Commonwealth Court affirmed a decision that an assessment board correctly increased the use value of properties enrolled under the Clean and Green program, notwithstanding that the increased use values exceeded the certified market values. Herzog v. McKean County Board of Assessment, No. 413 C.D. 2014 (Pa. Commw. Jan. 27, 2015). The court rejected the argument that the assessor did not have the power to increase the use value of the properties after they were enrolled in the program.
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March 03, 2015
News - Family Law
Jennifer Brandt, a member of the firm’s Family Law Group, was on Fox 29 News to discuss the arrest of a Narberth man who allegedly secretly filmed women in their homes and in the dressing rooms at King of Prussia stores. He is being charged with multiple counts of invasion of privacy, criminal use of a communication device, trespass and other related crimes.
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March 03, 2015
Publication - Health Care & Life Sciences - Health Care & Life Sciences
On February 23, 2015, the District Court in Baney v. Fick held that a patient’s complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd, (EMTALA). See 2015 BL 45710, M.D. Pa., No. 4:14-cv-2393 (Feb. 23, 2015). Plaintiffs, a husband and wife, alleged that the medical team managing Brian Baney’s care at Mount Nittany Medical Center should have immediately arranged for his transport to another hospital when he received an esophageal injury following an elective neurosurgical procedure at Mount Nittany Medical Center, and that the team’s care of Baney amounted to a failure to properly stabilize and properly manage Baney’s injury as required under EMTALA. However, the Baney court (citing to Torretti v. Main Line Hospitals, Inc., 580 F.3d 168, 174-75, 177 (3d Cir. 2009), dismissed the plaintiffs’ EMTALA claim with prejudice because the claim “did not fit within EMTALA’s scope.”
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March 02, 2015
Publication - Products Liability
John Sullivan discusses McDowell v. Eli Lilly, in which plaintiff motioned for reconsideration, only to have the judge state the product's label contained sufficient warning and upheld judgment for the defendant.
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March 02, 2015
Press Release - Bankruptcy, Insolvency & Restructuring
Cozen O’Connor is pleased to announce that it has expanded its Bankruptcy, Insolvency, and Restructuring Practice Group with the hiring of Frederick E. (Erik) Schmidt, Jr. as a member. Eric was previously a partner with Herrick, Feinstein’s Bankruptcy and Corporate Restructuring Group.
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March 01, 2015
News - Government & Regulatory, Government Relations - Cozen O'Connor Public Strategies, Real Estate
Ken Fisher, a member of the Government & Regulatory and the Real Estate Practice Groups, is quoted in Crain's New York in an article discussing New York Mayor Bill de Blasio clashing with city counsel over power.
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March 01, 2015
Publication - Family Law
Jennifer Brandt and Megan Feehan, both residents of the firm's family law practice and Philadelphia office, published an article in the American Journal of Family Law on social media influences and how that effects the practice of family law.
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February 27, 2015
News - Bad Faith, Insurance Coverage - Insurance
Charles (Chuck) Jesuit of the Global Insurance Department discusses the New Jersey Supreme Court’s recent refusal to alter the judicial standards around bad faith claims in insurance coverage disputes in this Law360 article titled ''NJ Justices' Bad Faith Ruling Has Silver Lining For Insureds.''
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February 27, 2015
Publication - Insurance Coverage - Insurance
In In re Deepwater Horizon, Cause No. 13-0670, Slip Op., Feb. 13, 2015, the Texas Supreme Court held that an allocation of liability found in an “insured contract” would determine the coverage provided to an additional insured in a general liability policy. Specifically, the court held that the additional insured had coverage under the general liability policy of the named insured only to the extent the named insured was required to obtain coverage for the additional insured.
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February 26, 2015
Publication
In an article titled "Court Rejects Attorney-Client Privilege in Employment Discrimination Case,’’ Thomas Wilkinson, a member of Cozen O’Connor’s Commercial Litigation Department, and Alexa Sebia, an associate in the Commercial Litigation Department, discuss a Pennsylvania federal judge’s rejection of a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee.
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February 25, 2015
Publication - Antitrust & Competition - Health Care & Life Sciences
Today, in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the Supreme Court held that a state dental board, created by the legislature, but comprised primarily of dentists elected by other dentists, did not qualify for immunity under the antitrust laws. This is the second time in two years that the Court has significantly limited the applicability of the state action exemption, under which states themselves are immune from the federal antitrust laws. Actions by private parties, including quasi-governmental entities, pursuant to a state regulatory regime may also be immune, but only under certain circumstances. Given the prevalence of state quasi-governmental bodies in regulating a broad range of industries such as energy, professional services, health care and transportation, these decisions will likely force states, and regulated industries, to reconsider their policy and legal strategies.
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February 24, 2015
Publication - Aviation, Aviation Litigation, Transportation & Trade
This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s long-awaited proposed rule on small unmanned aircraft commercial operations, the White House’s statement on privacy issues relating to unmanned aircraft, recent Congressional hearings on FAA reauthorization and unmanned aircraft, the DOT Inspector General’s review of DOT’s tarmac delay rule, DOT and ITC actions with regard to U.S.-Cuba air travel, DOT’s clarification of carriers’ animal incident reporting requirements, and DOT and FAA enforcement actions.
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February 24, 2015
Publication - Family Law
Communicating before marriage about the issues that are most important to each partner is the essence of intimacy. You can even up the romance with creative clauses like a requirement of weekly flowers or an agreement that gifts between husband and wife will forever belong to the recipient. All it takes is some imagination and consideration to bring romance and levity to your prenup.
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February 23, 2015
News - Government Relations - Cozen O'Connor Public Strategies
Mark Alderman, chairman of Cozen O'Connor Public Strategies, discusses the Democratic National Committee's choice of Philadelphia to host its 2016 convention in an article titled "DNC Gives Philly Firms Golden Networking Opportunity."
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February 23, 2015
Publication - Tax
The Philadelphia Office of Property Assessment (OPA) has begun mailing notices to each owner of property listed as tax exempt on the OPA’s records indicating that the owner must file a form to certify that the property continues to be entitled to exemption. The notice and form are confusing as they list different due dates and effective dates for the certification. The OPA has confirmed that the due date for filing the form is March 31, 2015 and that the certification of exemption is for tax year 2016.
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February 23, 2015
Publication
In an article titled '''Irreparable Harm' Is a Tough Hurdle to Clear,'' Michael de Leeuw and John Sullivan, members of Cozen O'Connor's Commercial Litigation Department, examine the current state of preliminary injunction jurisprudence in New York courts (with liberal reference to their federal counterparts), in particular the treatment of the “irreparable harm” branch of the test, and explore whether there are any better guiding standards that might make preliminary injunction practice more predictable.
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February 19, 2015
Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance
In Colorado, under the notice-prejudice rule, an insured who gives late notice of a claim to his or her liability insurer does not lose coverage benefits unless the insurer proves that the late notice prejudiced its interests. Friedland v. Travelers Indem. Co., 105 P.3d 639, 643 (Colo. 2005). On February 17, 2015, in response to certified question of law from the 10th Circuit Court of Appeals, the Colorado Supreme Court held that the notice-prejudice rule does not apply to date-certain notice requirements in claims-made policies. Craft v. Philadelphia Indem. Ins. Co., Case No. 14SA43. Rather, date-certain notice requirements will be enforced as written.
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