Searching Content indexed under Litigation, Mediation & Arbitration by Wilson Elser Moskowitz Edelman & Dicker LLP ordered by Published Date Descending.
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The Double-Edged Sword Of Medical Professionals' Apologies
Should physicians apologize in the face of an adverse medical outcome? Or, is it likely that such an apology would only serve to undermine defense arguments
United States
2 Sep 2019
Facilitative Mediation And Client Communication
William McDevitt (Partner-Philadelphia) wrote a Philadelphia Bar Reporter Pro Bono Spotlight article on "Facilitative Mediation and Client
United States
23 Aug 2019
Jury Rules For NCAA In First Sports Concussion Case Tried To Verdict
In a landmark decision, a Pennsylvania jury ruled in favor of the defendant National Collegiate Athletic Association (NCAA) in the first sports concussion case tried to verdict. In a 10−2 decision
United States
23 Aug 2019
Let's Talk Talc: Litigation Defense Strategies Require Drilling Down
Nick Martin (Partner-San Francisco) co-authored "Let's Talk Talc: Litigation Defense Strategies Require Drilling Down" in the August 2019 edition of CLM Magazine.
United States
15 Aug 2019
New York Legislature Declines To Expand Wrongful Death Damages
Under the title "New York May Soon Increase Recoverable Wrongful Death Damages," we wrote recently about efforts within the New York State Legislature.
United States
13 Aug 2019
Don't Overlook Hudson: Still A Seminal Case 11 Years Later
Adam T. Ernette (Associate-Chicago) was published in the August 19, 2019, issue of the Illinois Bar Journal.
United States
2 Aug 2019
Andy Warhol Foundation Wins Copyright Lawsuit Over Prince Portrait & More Art World Headlines
The following are summaries of news reports pertaining to art law and art markets.
1 Aug 2019
Supreme Court Precludes Punitive Damages For Unseaworthiness Claims
In a landmark decision, the Supreme Court has precluded the recovery of punitive damages for unseaworthiness claims.
United States
18 Jul 2019
Far From Home: Individuals And The Personal Jurisdiction Defense
Steven J. Willner (Associate-Baltimore) authored "Far From Home: Individuals and the Personal Jurisdiction Defense," which appeared in the June 19, 2019, edition of
United States
9 Jul 2019
Expansive Changes Coming To The New York State Human Rights Law
On June 19, 2019, the New York State Legislature passed Senate Bill S.6577.
United States
5 Jul 2019
U.S. Supreme Court Unanimous: No Access To California Wage-And-Hour Laws For OCS Platform Worker
In a unanimous decision, the U.S. Supreme Court held that an outer continental shelf (OCS) drilling platform worker could not claim under California state wage-and-hour laws.
United States
27 Jun 2019
U.S. Supreme Court To Review "Immensely Important" Environmental Case
The U.S. Supreme Court agreed on June 10, 2019, to review a case involving "immensely important" questions regarding clean-up activities required by the U.S
United States
24 Jun 2019
Optional Safety Devices Are Alive And Well In New York's Rental Market.
In its May 9, 2019, decision, the New York Court of Appeals reversed the Appellate Division, holding that the Scarangella exclusion to design defect liability for optional safety features is not subject to a "rental market" exclusion.
United States
13 Jun 2019
The Daubert Standard Once Again Controls In Florida State Court
In a sudden reversal and after more than more than five years of uncertainty, on May 23, 2019
United States
13 Jun 2019
The NY Court Of Appeals Addresses "Optional Safety Equipment" In Fasolas v. Bobcat Of N.Y., Inc.
In products liability litigation, the question of whether a product was defectively designed because the manufacturer decided to make certain safety equipment "optional" instead of "standard"
United States
13 Jun 2019
Massachusetts Supreme Judicial Court Provides Guidance For Class Actions
In Gammella v. P.F. Chang's China Bistro, Inc., Massachusetts's highest court, the Supreme Judicial Court, has weighed in on several recurring class action litigation issues
United States
15 May 2019
NJ Supreme Court Signals Potential Sea Change On Scope Of Damages In Auto Accident Cases
New Jersey's "No-Fault" automobile insurance scheme has been the subject of repeated reforms over the past 40 years. On March 26, 2019, the New Jersey Supreme Court
3 May 2019
Duck Boat Owners Avoid Seeking Limitation, Ducking Potential Exposure To Punitive Damages
"Sisson [the vessel owner] has also argued throughout this litigation that the [Limitation Act] provides an independent basis for federal jurisdiction. Respondents contend that the Act
United States
3 May 2019
U.S. Supreme Court Rules In Favor Of Independent Contractors/Owner Operators
On January 15, 2019, the United States Supreme Court issued a blockbuster holding, ruling in favor of independent contractors who work in transportation.
United States
3 May 2019
U.S. Supreme Court Weighs In On Nontaxable Costs Recoverable In Copyright Suits And Standing To Sue
In March 2019 the U.S. Supreme Court issued decisions in two copyright cases, both of which concern narrow issues of statutory interpretation and are examples of matters that the Court
United States
26 Apr 2019
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