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April 01, 2007
Publication - Labor & Employment
Staying Above Water - Corporate Counsel - While employers face a wave of confusion over existing FMLA mandates, the government could turn the tide yet again. In addition to likely updated regulations, legislation proposed by senator Christopher Dodd aims to provide six weeks of paid leave when an employee takes leave for his own serious health condition, or to take care of a parent, spouse, or child with a serious health condition. the senator also intends to broaden the reach of the FMLA.
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March 12, 2007
Publication - Subrogation & Recovery - Insurance
Application of Colorado's Construction Defect Action Reform Act - Subrogation and Recovery Alert! - 4 pgs total, includes photos. Although the statutes vary from state to state, there is at least one common theme – before filing suit, the property owner must give contractors written notice describing the specific defect, then allow contractors a fair opportunity to inspect the property and remedy the alleged problem. Topics: SPECIFIC FACTS OF THE COLORADO LOSS; COZEN O’CONNOR ARGUED FOR THE PROPER INTERPRETATION OF THE STATUTE
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March 04, 2007
Publication - Insurance Coverage
The Tenth Circuit Holds That Faulty Workmanship is not a Covered Event and Does Not Constitute Property Damage Under Colorado Law - Insurance Coverage Alert - 03/04/07 - On February 26, 2007, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s grant of summary judgment in favor of an insurer on the ground that poor workmanship by subcontractors,
standing alone, was not a covered event that constituted property damage under the contractor’s CGL policy. Adair Group, Inc. v. St. Paul Fire and Marine Ins. Co., 2007 WL 575983 (10th Cir. February 26, 2007).
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March 01, 2007
Publication - Insurance Coverage
Duties Owed to the Excess Insurer by the Insured and the Primary Insurer, and Theories of Recovery Upon Breach of Those Duties - ABA Insurance Coverage Litigation Committee Seminar - The duties and obligations undertaken by a primary insurer on behalf of its insured, such as the duties to defend and indemnify, are contractual and commonly known. Less clear are the duties and obligations existing between the primary insurer and the excess insurer that has contracted with the insured.
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March 01, 2007
Publication
PIECING IT ALL TOGETHER: THE AMENDMENT TO THE FEDERAL TRADEMARK COUNTERFEITING ACT PREVENTS CIRCUMVENTION THROUGH COMPONENT PARTS - AIPLA QUARTERLY JOURNALE -
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February 25, 2007
Publication
Insurance Coverage Observer - Winter 2008 -
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February 22, 2007
Publication - Insurance Coverage - Insurance
TRANSCRIPT: ATTORNEYS RUSS MELTON AND JOE GERBER ON RESPONDING TO CATASTROPHES - Best Wire - Recent disasters such as industrial explosions in Kansas City, Mo. and Apex, N.C., have led to large losses. For insurers, the best way to keep abreast of claims and contain catastrophe-related litigation is often for law firms and insurance counsel to become involved quickly. In a roundtable discussion, attorneys Russ Melton and Joe Gerber discussed the role of law firms and insurance counsel in responding to catastrophic incidents.
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February 12, 2007
Publication - Insurance Coverage
Insurance Coverage Observer Winter 2007 - Insurance Coverage Observer Winter 2007 -
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February 06, 2007
Publication - Insurance Coverage
California Court Issues Latest Important Decision for Insurers Regarding Liability Coverage for TCPA Claims - Insurance Coverage Alert - 02/06/2007 - This year promises to be another busy one for courts addressing whether commercial general liability policies
provide coverage for claims involving violations of the Federal Telephone Consumer Protection Act, 47 U.S.C.
§227 (“TCPA”). Under the TCPA, it is unlawful to send unsolicited fax advertisements.
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February 05, 2007
Publication
A friend who recently made partner at a large New York firm described the experience perfectly: After nine years of hard work and after an almost unbearable year and a half of backdoor politics, rumors, innuendo and insomnia, he received the long-awaited news that he had made the grade.
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February 01, 2007
Publication - Labor & Employment
Title VII Disparate Pay Claims: A Possible Flood? - The Corporate Counselor - The U.S. Supreme Court is currently considering a case of great importance to employers, Ledbetter v.Goodyear Tire & Rubber Co., Inc. It
will decide when the statute of limitations
begins to run under Title VII of the Civil Rights Act of 1964 (as amended) (“Title VII”) for certain types of disparate pay claims.
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January 31, 2007
Publication - Subrogation & Recovery - Insurance
Horse Cents: Turn your Equine Claim into Recovery Dollars - Subrogation and Recovery Alert! - 5 pgs total, includes photos. Although most people were only concerned with Barbaro’s recovery, his story touches on many of the issues that arise in equine claims. This article focuses on some of those issues and provide the adjuster and subrogation professional with a framework to properly and fully analyze subrogation potential in equine claims. Topics: UNDERSTANDING THE POLICY AND ENDORSEMENTS, THEORIES OF RECOVERY, HIRING THE RIGHT EXPERTS AND AVOIDING SPOLIATION
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January 25, 2007
Publication - Subrogation & Recovery - Insurance
Suing the Seller: Using Ontario's Sale of Good Act to Recover Damages Caused by Defective Products in a Subrogated Action - Subrogation and Recovery Alert! - 6 pgs total. Under Canadian law, “strict liability” against a manufacturer does not exist. A plaintiff may not succeed against a manufacturer simply by proving that the manufacturer’s product was defective and that this caused the plaintiff’s loss. The plaintiff must also prove that the manufacturer was somehow negligent. The Ontario Sale of Goods Act may provide an alternative ground of recovery for plaintiffs in product liability actions.
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January 25, 2007
Publication - Electronic Discovery & Practice Advisory Services
2007 E-Discovery Seminar - Philadelphia (Rittenhouse Hotel) - E-Discovery Amendments to the Federal Rules of Civil Procedure - Are You Prepared to Comply with the New Rules - Accompanying seminar program book from the E-Discovery Seminar of 1/25/2007 at the Rittenhouse Hotel in Philadelphia presented to The Insurance Society of Philadelphia CLE Seminar.
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January 14, 2007
Publication
Commercial Disputes Observer - Commercial Disputes Observer - Winter 2007 -
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January 13, 2007
Publication - Insurance Coverage
Colorado Supreme Court Restricts Browder and Reverses Judgment in Favor of Insured - Insurance Coverage Alert - 01/12/07 - On January 8, 2007, the Colorado Supreme Court reversed a division of the Court of Appeals
and held that third-party purchasers need not own their homes during an applicable policy period in order to
recover.
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January 01, 2007
Publication - Subrogation & Recovery - Insurance
A Compelling Situation: Enforcing American Letters Rogatory in Ontario - The Canadian Bar Review - 28 pgs total; article from LA REVUE DU BARREAU CANADIEN. A letter rogatory, or
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December 08, 2006
Publication
The Second Circuit Clarifies the Standard Governing Motions for Class Certification - Securities and Financial Services Litigation Alert! - On December 5, 2006, the United States Court of Appeals for the Second Circuit issued a landmark decision with wide-ranging effects in private securities litigation. Until now, the legal standard governing motions for class certification under Federal Rule of Civil Procedure 23 was an unsettled issue in the Second Circuit, where many securities class actions are brought.
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December 04, 2006
Publication - Subrogation & Recovery - Insurance
Getting to Higher Ground - Using Hydrologists to Assist in Flood Claims and Subrogation Analysis - Subrogation and Recovery Alert! - 5 pgs total, includes photos. The legal duty is upon an upstream property (“upper riparian”) owner to be sure that, before any changes in his property are made that affect water flow and drainage, potential risks of harm to downstream (“lower riparian”) property owners are considered and necessary steps taken to prevent such harm. Flood claims present unique challenges that require the assistance of knowledgeable subrogation counsel and hydrologists with hands-on experience.
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December 04, 2006
Publication
There are few things more vexing to litigators than adverse parties who—despite the issuance of a court order—simply refuse to comply with their obligations under the law. Whether it is a discovery order mandating disclosure of certain documents or an injunction prohibiting the adverse party from engaging in specified conduct, we have all experienced the frustration of attempting to enforce court orders against recalcitrant or obstreperous adverse parties who flout such orders even under the threat of a possible contempt motion.
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