Wilson Elser

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

  • 212.490.3000
  • 212.490.3038

Does Pennsylvania Permit Manufacturing Defect Claims Involving Medical Devices?

I am writing to report about a recent dismissal of a manufacturing defect claim made against a medical device manufacturer in the USDC for the Eastern District of Pennsylvania. This decision is favorable to our clients that are…more
| Civil Procedure, Products Liability, Science, Computers, & Technology

A Check in the “Win” Column for Broker-Dealers!

The Second Circuit recently issued a single opinion for two cases [Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014) and Citigroup Global Mkts. Inc. v. N.C.E. Mun. Power Agency, No…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Finance & Banking

Kentucky Court of Appeals Holds Statute of Limitations on Underinsured Motorist Claims Begins to Run Upon Denial of Claim

In a case of first impression, a divided panel of the Kentucky Court of Appeals recently held in Hensley v. State Farm Mut. Auto. Ins. Co., 2013-CA-000006-MR (Ky. App. Aug. 15, 2014), that the statute of limitations on…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance

Under the Right Circumstances, an Insured Entitled to “Independent Counsel” in California Can Retain More Than One Firm

In a case of first impression, a California District Court has ruled that California law does not preclude an insured from retaining multiple law firms as independent or Cumis counsel where the insurer is defending under…more
| Civil Procedure, Insurance

The Government Contractor Defense

The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the requirements…more
| Civil Procedure, Products Liability, Government Contracting

The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection Approval

The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of Environmental…more
| Civil Procedure, Energy & Utilities, Environmental Law, Toxic Torts, Real Estate - Commercial

E-Discovery Matters: “A Guide to ESI Preservation Responsibilities”

I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of…more
| Civil Procedure, Electronic Discovery, Products Liability

National Transportation Safety Board Procedures to Change: Comments Due by October 14, 2014

If you have participated in the investigation of a major transportation calamity, you are likely familiar with the bold yellow lettering on the blue jackets of National Transportation Safety Board (NTSB) investigators. These are…more
| Administrative Law, Civil Procedure, Transportation

What Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as Unconstitutional

Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court struck…more
| Constitutional Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Where Suicide Is Caused by Intentional Infliction of Emotional Distress, Illinois Now Recognizes Ensuing Actions for Wrongful Death and Survival

The Illinois Appellate Court has held, as a matter of first impression in the state, that where a plaintiff can satisfy the elements of the tort of intentional infliction of emotional distress and the emotional distress is a…more
| Personal Injury

U.S. Supreme Court Issues Important Decision Affecting Fiduciaries of ESOPs

In a recent decision, Fifth Third Bankcorp v. Dudenhoeffer, 189 L.Ed. 2d 457 (2014), the U.S. Supreme Court vacated the “presumption of prudence” previously given to fiduciaries of employee-owned stock ownership plans (ESOPs) by…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

The Minefield of Appellate Practice: Notices of Appeal

The Illinois Appellate Court’s recent opinion in In re Marriage of Micheli, 2014 IL App (2d) 121245 (filed July 31, 2014), illustrates the necessity of retaining appellate specialists to handle all post-trial and appellate…more
| Civil Procedure, Family Law

Second Circuit Draws a Bright-line Rule to Determine Who Is a Customer Under Rule 12200

The decision in Citigroup Global Markets Inc. v. Abbar, Docket No. 13–2172 (August 1, 2014), by the U.S. Court of Appeals for the Second Circuit, has important implications for broker-dealers, particularly those dealing with…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking

New Jersey Appellate Court Upholds Contracts Curtailing the Time for Employment Claims: Lessons for Employers

Employers know that there are numerous laws, both state and federal, that allow employees to sue for perceived violations of their rights. Those laws provide not only a dizzying array of theories of liability but also a variety…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Home or Away? Where Should That Deposition Take Place?

When a corporate defendant is sued in a federal court outside its home state, the issue of where its deposition will be conducted can become a bone of contention. The traditional rule, accepted by most practitioners, is that the…more
| Civil Procedure, Commercial Law & Contracts, Products Liability
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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
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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

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