Second Circuit Affirms Duty to Defend Under Professional Liability Policy by Traub Lieberman Straus & Shrewsberry LLP on 5/22/2012 In its recent decision in Westport Ins. Corp. v. Hamilton Wharton Group, Inc., 2012 U.S. App. LEXIS 9888 (2d Cir. May 17, 2012), the United States Court of Appeals for the Second Circuit had occasion to consider whether a...more
Texas Insurance Law Newsbrief - August 8, 2011 by Martin, Disiere, Jefferson & Wisdom, LLP on 8/8/2011 No Extra-Contractual Recovery for AFS/IBEX against Great American in Crime Policy Coverage Fight Recently, in Great Am. Ins. Co. v. AFS/IBEX Fin. Servs. Inc., C.A. No. 3:07–CV–924–O, 2011 WL 3163605 (S.D. Tex. July 27,...more
Supreme Court Rules for Foreign Firms in Accident Cases by Onur Saka on 7/14/2011 A man from New Jersey lost his for fingers in a workplace accident on a metal-cutting machine. The workplace was also in New Jersey, an American manufacturer, but the maker of the metal – cutting machine was a British firm....more
Nanotechnology is Entering a New Legal Frontier by SEO | Law Firm on 6/22/2011 By Krystina Steffen, staff SEO | Law Firm News Center In Good Practice writer – June 22, 2011 Nanotechnology is changing the products we use everyday – food, clothes, cars, and even medicine. For some, nanotechnology is a...more
Impact of the Industrial Disputes (Amendment Act), 2010 on staffing & business by S Hemanth on 2/15/2011 In India, the Industrial Disputes Act, 1947 is the main legislation for investigation and settlement of all industrial disputes. The Industrial Disputes (Amendment Act), 2010 have brought few significant changes to the...more
Schmelling v Whitty et al Court of Appeals Interprets Notice of Non-Party Fault Offset to Apply Even if Party at Fault Cannot Be Liable in Suit by Carson Tucker on 2/15/2011 The Court of Appeals here confirms my thinking that even if a party would not be liable in suit, e.g., as a governmental entity for immunity or for some other reason (in this case the exclusive remedy provision of the...more
Avoiding the Misclassification of Workers in the Small Business by Barry Shuster on 2/11/2010 The decision whether to staff with employees or independent contractors hinges on a number of practical issues. Owners are able to exercise more control over the actions and methods of employees than ICs. Employees also tend...more
Who's To Blame For High Workers' Compensation Insurance Premiums in California? by Michael Kline on 1/1/2010 Whether your business employs 50 clerical workers or 500 construction specialists, you are undoubtedly familiar with the budgetary constraints and administrative nightmares that go hand-in-hand with workers’...more
Deposition Checklist for workweek by Jaejung Kim on 7/30/2009 Employment Building Blocks\Defendant to Plaintiff\Compensation and Benefits ...more
Discussion of the defence of consent within the tort of battery context by Krishan Thakker on 2/5/2008 “If a person consents to what would otherwise be an unlawful touching, there can be no battery.” The issues which the preceding statement refers to revolve around how the defence of consent operates in the Law of...more
Is it always true that the reasonable person test 'eliminates the personal equation' (Glasgow Corp v Muir, per Lord MacMillan)? by Krishan Thakker on 9/10/2007 Negligence consists of falling below the standard of care required in the circumstances to protect others from the unreasonable risk of harm. Generally, the law regards this standard of care objectively, demanded by the...more