Wilson Elser

150 East 42nd Street
New York, NY 10017, United States

  • 212.490.3000
  • 212.490.3038

De Facto Plan Administrator Claims in the First Circuit

According to 29 U.S.C. § 1132(c)(1)(B) of ERISA, it is within a court’s discretion to award a penalty of up to $110 per day based on an administrator’s failure to comply with a plan participant’s or beneficiary’s request for…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Insurance

Cornell Ruling Is Cause for Experts’ Concern

I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op 02096)…more
| Civil Procedure, Personal Injury, Toxic Torts

New York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home Rule Law

In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair of…more
| Conflict of Laws, Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Round Three: California Appellate Courts Home in on Duty of Care in Household Asbestos Exposure

On June 3, 2014, Wilson Elser issued a Client Alert on the decision in Johnny Blaine Kesner Jr. v. Superior Court of Alameda County (2014) 226 Cal.App.4th 251, in which the First District Court of Appeal held that an employer…more
| Civil Procedure, Personal Injury, Products Liability

Meditating on Mediating, Part Two: Louie’s Top Five Tips

In a recent post, we discussed the reasons to mediate and how the process can be bewildering – in a Lewis Carroll sense – to first-time E&O defendants. This time I’m sharing my Top Five Tips for an effective mediation…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

To Indemnify or Not to Indemnify? That Is the Question!

We are taught early on that we are each responsible for our own actions. If we make a mistake that results in damages to someone else, we have to pay for those damages. That is the basic concept of indemnification, and the law…more
| Commercial Law & Contracts, Insurance, Professional Malpractice

The King Can Do No Wrong. But Then Again …

At common law, municipalities were immune from liability in tort for the misfeasance of their officers and employees. This principle of “sovereign immunity” was often summed up by the phrase, “The King can do no wrong.”…more
| Civil Procedure, Personal Injury

How Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits

In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection…more
| Administrative Law, Constitutional Law, Energy & Utilities, Environmental Law, Products Liability

The Doctor May NOT Be In!

Traditionally, parents encouraged the next generation to seek careers as doctors or lawyers – not only the most prestigious but also, at that time, the most lucrative. However, in today’s world, particularly from the perspective…more
| Health

Meditating on Mediating: Why Settle for Less?

A member of a “miscellaneous” profession – one that doesn’t require a professional license, as do doctors, lawyers, and many others – can find an “errors & omissions claim” as disorienting as a long fall down Alice’s rabbit…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Clawback Suit Targets International Investors

In 2008, a few months before the $65 billion Madoff Ponzi scheme fell apart, the $3.65 billion Petters Ponzi scheme made headlines. Tom Petters told investors that they were financing the purchase and sale of consumer electronic…more
| Bankruptcy, Civil Procedure, Finance & Banking, Business Torts, International Law & Trade

It’s the Mediator’s Form Agreement—Not Yours

Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the…more
| Alternative Dispute Resolution (ADR), Products Liability

Compliance Matters: What the Heck Is a Robo-adviser?

Observe families at restaurants these days and you’ll see a common image – several heads bowed over individual electronic devices. Like it or not, this is how we communicate, do business and manage our lives. We all can trade…more
| Communications & Media Law, Finance & Banking, Science, Computers, & Technology, Securities Law

Statute of Repose: A New Weapon in Environmental Defense Counsel’s Arsenal

The June 9, 2014, Supreme Court ruling in CTS Corp v. Waldburger represents a victory for companies and landowners with legacy environmental liabilities in states with a statute of repose applicable to tort claims. Moreover,…more
| Civil Procedure, Conflict of Laws, Environmental Law, Personal Injury, Real Estate - Residential

Connecticut Appellate Court Rules Reinstatement of Coverage After Lapse for Nonpayment Is Prospective Only

When a homeowner’s insurer reinstates coverage that was cancelled for nonpayment of premium, can it avoid coverage for a fire loss that happened while the policy was cancelled? Yes, said the Connecticut Appellate Court in the…more
| Commercial Law & Contracts, Insurance, Real Estate - Residential
Showing 1-15 of 177 Results
|
View per page
Page: of 12
Areas of Practice
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Toxic Torts
  • Transportation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Colorado
  • Connecticut
  • D.C.
  • Florida
  • Illinois
  • Kentucky
  • Maryland
  • Massachusetts
  • Michigan
  • Nevada
  • New Jersey
  • New York
  • Pennsylvania
  • Texas
  • Virginia
  • Wisconsin
Other Countries
  • United Kingdom
Number of Attorneys

400+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.