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January 02, 2008
Publication - Products Liability
Country of Origin Labeling - Food Product Design - In 2007, perhaps the most notorious ongoing news story was the steady stream of contaminated imported food items reaching American ports, and the risk this poses to the American consumer. As a result, much political action has ensued to safeguard our imported food supplies, most notably with respect to our relationship with China. However, another result has been increased consumer interest in country of origin
labeling,
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January 02, 2008
Publication - Insurance Coverage
The Business of Global Warming: Managing the Risks and Opportunities of Climate Change - Cozen O'Connor Whitepaper - The majority of scientists believe that we are altering the earth’s “carbon balance,” launching mankind on a harmful collision course with nature. If this view is correct, climate change will be the defining risk management issue of our lifetimes, quite possibly exceeding terrorism, population expansion, and the end
of oil as the greatest cause of casualty and human suffering in the 21st century.
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January 01, 2008
Publication
In U.S. Small Business Administration v. Chimicles, 447 F.3d 207 (3d Cir. 2006), the United States Court of Appeals for the Third Circuit held that an arbitration clause contained in one contract does not apply to a dispute arising out of a related contract, even if the second contract explicitly refers to the first.
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January 01, 2008
Publication - Construction Law - Real Estate & Construction
Contract Clauses to Know and Love - STRUCTURE -
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December 29, 2007
Publication
Foresight in Hindsight: An Insight into Ahmed v. Stefaniu and De-biasing Legal Evaluations of Reasonable Care - Annual Review of Civil Litigation -
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December 14, 2007
Publication - Subrogation & Recovery
Recall Information from 12/14/2007 - Breaking Legal News and/or Recall Alerts -Elmo USA Corp. Visual Presenters; Meijer Inc. Firepits; General Electric Recalls Microwave Combo Wall Ovens Due to Fire Hazard Black and Decker® Brand Toasters by Applica Consumer Products INC; Collins International Co. Oscillating Ceramic Heaters Sold at Menards Retail stores; Hairstyling Irons Farouk Systems INC; Outdoor Vacuums With Honda Engines By Billy Goat Industries INC; Venmar Ventilation INC. Heat Recovery Ventilators
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December 13, 2007
Publication - Bad Faith, Insurance Coverage
California Supreme Court Holds “Genuine Dispute” Defense to Bad Faith Claim - Insurance Coverage Alert! - CALIFORNIA SUPREME COURT HOLDS “GENUINE
DISPUTE” DEFENSE TO BAD FAITH CLAIM REQUIRES
INSURER TO THOROUGHLY INVESTIGATE AND
OBJECTIVELY EVALUATE UIM CLAIM WHEN MADE, EVEN
IF CLAIM IS ULTIMATELY PAID IN FULL
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December 01, 2007
Publication - Subrogation & Recovery
Confidentiality and Disclosure in Mediation: When the Chicken Won't Talk - The Advocates' Quarterly - 4 pgs. Ontario has been making moves towards mandatory mediation in litigation. While mediations are often considered confidential, no rule explicitly makes it confidential. This means that under some circumstances, this confidentiality can be broken.
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December 01, 2007
Publication - Construction Law - Real Estate & Construction
Are You Really Covered By Your Insurance? - STRUCTURE - Engineers and other entities in the construction industry must understand their policies, the extent of the coverage provided, the effects of various exclusions in the polices and the duties arising under the policies and applicable contracts (in terms of defending or indemnifying another contractor or subcontractor) in order to adequately protect themselves when a catastrophic event occurs during construction.
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December 01, 2007
Publication - Construction Law - Real Estate & Construction
The Effect of Co-workers’ Actions in Scaffold Law Cases - The Defense Association of New York - The superseding actions of a third party have long been recognized in negligence cases as breaking the link between a defendant’s conduct and a plaintiff’s injury. The defense is also available when defending Labor Law § 240(1) claims, and Labor Law attorneys should keep this in mind.
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December 01, 2007
Publication - Products Liability
Product Liability Defense: At The Center of The Storm - The Metropolitan Corporate Counsel -
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November 23, 2007
Publication - Subrogation & Recovery
Recalls for the week of 11/23/2007 - Breaking Legal News and/or Recall Alerts - Birch Bark Wrapped Candles Recalled By Roost Due to Fire Hazard
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November 20, 2007
Publication - Appellate
Cozen O'Connor Attorneys Obtain Significant Appellate Victories - Appellate Alert! - Stephen A. Cozen, with the assistance of Elizabeth Chambers Bailey, recently obtained
victory in the United States Court of Appeals for the First Circuit on behalf of a Bank
in a negligent design case. Vazquez-Filippetti v. Banco Popular de Puerto Rico, Nos.05-2372, 06-1432 (1st Cir. Sept. 27, 2007). The plaintiff had suffered severe physical injuries when she was struck by a car while using the ATM machine
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November 15, 2007
Publication - Subrogation & Recovery - Insurance
Methods For Enforcing Civil Judgments in Ontario - Canadian Subrogation Alert! - 5 pgs total, focus on Canada. When a court issues a judgment, it is not concerned with whether the unsuccessful party will ever actually pay the amount. Nonetheless, our civil court system does provide the successful insurer with mechanisms to assist in collecting payment from the unsuccessful defendant. The two most common mechanisms for this purpose are (1) a writ of seizure and sale, and (2) a garnishment of debts, such as wages, owing to the debtor.
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November 15, 2007
Publication - Government & Regulatory, Subrogation & Recovery
Can a Limitation of Liability Provision in a Bill of Lading Invalidate My Perfectly Good Carmack Amendment Claim? - Maritime Alert! - 2 pgs total. All too often, a cargo owner and/or its subrogated insurer establishes the elements necessary to prove a claim under the Carmack Amendment and conclusively negates the defenses available to a motor carrier, only to be met with the dreaded and feared “Bill of Lading” which contains a limitation of liability provision.
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November 14, 2007
Publication - Insurance Coverage
The Santa Ana Wind-Driven 2007 Southern California Wildfires: A First-Party Factual and Legal Analysis of the Santa Ana Wind-Driven Wildfires - Cozen & O'Connor Whitepaper -
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November 09, 2007
Publication - Electronic Discovery & Practice Advisory Services
Washington State Voters Approve New “Bad Faith” Act - Insurance Coverage Alert - On November 6, 2007, the voters of Washington State approved a new statutory basis for a wide range of so-called “insurer bad faith” claims. Under the “insurance fair conduct act” (“Act”), “penalties” may be imposed against insurers that are found to have “acted unreasonably” or that are found to have violated any one of at least 37 existing Washington Administrative Code rules adopted by
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November 07, 2007
Publication - Immigration Policy & Strategy, Labor & Employment - Sports
Specifically, in this issue, we examine two topics currently at the forefront of the sports and entertainment industries. First, we explore the ongoing strike between the Writers Guild and the Association of Motion Picture and Televisions Producers. Next, we outline the various immigration issues and options for foreign athletes who seek employment in the United States.
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November 07, 2007
Publication
Fall 2007 - Commercial Disputes Observer -
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November 05, 2007
Publication - Electronic Discovery & Practice Advisory Services
By now, most litigators have come to grips with e-mail and its many problems. We know that the ubiquity and shear volume of e-mail have changed civil discovery forever. We have all become familiar with our clients’ e-mail systems and their policies and procedures for the use and maintenance of e-mail. At the outset of a case we seemingly now spend more time with IT professionals than with in-house counsel, and we all know that it is important how often and when email servers are backed up and where files are stored. What many of us and our clients do not know (or are only learning now) is that millions of employees have been sending millions of messages to each other and to third parties each day—messages that completely circumvent all of the policies, processes and procedures that have diligently been put in place to control the e-mail monster.
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