Wilson Elser

The Internet of Things and the Inevitable Collision with Product Liability PART 5: Security and the Industrial Internet Consortium

The rapid emergence of the Internet of Things (IoT) led to the establishment of the Industrial Internet Consortium (IIC) in the spring of 2014 by five primary stakeholders: AT&T, Cisco, General Electric, IBM and Intel. IIC now…more
| Products Liability, Science, Computers, & Technology

Second Circuit Reminds Healthcare Providers to Seek Relief from Insurance Companies Under Their Own Contracts, Not the Insureds’ Contracts

In Rojas v. Cigna Health and Life Ins. Co., 793 F.3d 253, 258 (2d Cir. 2015), the Second Circuit joined several other circuits in holding that “healthcare providers are not ‘beneficiaries’ of an ERISA welfare plan by virtue of…more
| Civil Procedure, Constitutional Law, Health, Insurance, Labor & Employment Law

NYCAL Presiding Judge Rules Manufacturer Should Have Reasonably Anticipated Asbestos Litigation 10 Years Before First Lawsuit

On November 5, 2015, Judge Peter H. Moulton, presiding judge over the New York City Asbestos Litigation (NYCAL), ruled in Warren v. AmChem Products, et al., 190281/2014, that J-M Manufacturing Company, Inc., was subject to…more
| Civil Procedure, Civil Remedies, Products Liability

Southern District of Illinois Court Denies “Bare Metal Defense,” Applying Maritime Law

On September 23, 2015, in Kochera v. Foster Wheeler, LLC, No. 3:14-cv-00029 (S.D.Ill. 2015), the United States District Court for the Southern District of Illinois, applying maritime law, denied Ingersoll-Rand Company’s motion…more
| Civil Procedure, Maritime Law, Products Liability

Southern District of Illinois Court Denies Motion to Exclude “Every Exposure” Opinion

On September 21, 2015, the United States District Court for the Southern District of Illinois denied a defendant’s motion in limine to exclude expert testimony in an asbestos case. Judge Staci M. Yandle denied General Electric…more
| Civil Procedure, Personal Injury, Products Liability

When Less Is More: The pitfalls of saying too much in professional contracts

Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to…more
| Commercial Law & Contracts, Construction Law

Florida Supreme Court on Evidence of Collateral Source Benefits

Ruling Makes It More Difficult for Defendants to Deal with Claims for Future Medical Expenses at Trial - It is not uncommon for a defendant in a product liability case at trial to be faced with an inflated and exaggerated…more
| Civil Procedure, Civil Remedies, Personal Injury, Products Liability

Illinois Supreme Court Decision Bars Employee from Bringing a Direct Civil Action against Employer for Alleged Asbestos Exposure Injuries

In Folta v. Ferro Engineering, Ill.S.Ct. Docket No. 118070, Nov. 4, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision and held that a personal injury and subsequent wrongful death suit brought on…more
| Civil Procedure, Labor & Employment Law, Personal Injury, Worker’s Compensation

Regulatory Concerns for the Sale of Extended Warranties to Commercial Purchasers

Products sold to commercial purchasers typically include a standard manufacturer’s warranty. Should the manufacturer’s distributor sell an extended warranty at the time of purchase, is that extended warranty considered insurance…more
| Administrative Law, Commercial Law & Contracts, Consumer Protection, Insurance

Where’s the Beef? Are Stricter Warning Label Requirements on the Horizon for the Meat Industry?

The World Health Organization (WHO), the United Nations’ public health arm, issued a report on October 26, 2015, based on research performed by the International Agency for Research on Cancer (IARC), linking cancer to…more
| Administrative Law, Consumer Protection, Products Liability

Supreme Court Adopts Amendments to Federal Rules That May Deter Patent Infringement Lawsuits, Especially Those Filed by Non-practicing Entities

In April 2015, the United States Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, in part abolishing Rule 84 and along with it Form 18, which allows plaintiffs to file bare-bones patent…more
| Civil Procedure, Intellectual Property

Florida Constitutional Provision Mandating Disclosure of Adverse Medical Incidents Preempted by Federal Patient Safety and Quality Improvement Act

The First District Court of Appeal in Florida recently held in Baptist Hospital of Florida, Inc. v. Jean Charles, Jr., No. 1D15-0109, October 28, 2015, that a Florida constitutional provision mandating disclosure of adverse…more
| Conflict of Laws, Health, Personal Injury, Professional Malpractice

The Fair Credit Reporting Act: Misnamed but Mischievous

While its name might indicate that it is aimed at credit checks, the Fair Credit Reporting Act also regulates employer background checks. Indeed, the FCRA contains a number of potential traps for employers that a new wave of…more
| Labor & Employment Law

UPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”

On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory…more
| Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

Michigan Court Dismisses Cross-Claim as Insurer Not Properly Subject to a Claim for Breach of Fiduciary Duty

In Van Loo v. Cajun Operating Co, No. 14-cv-10604 (E.D. Mich. Sept. 17, 2015), the Eastern District of Michigan, a Sixth Circuit district court, held that the requirement for evidence of insurability was triggered based on the…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance, Labor & Employment Law
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