Traub Lieberman Straus & Shrewsberry LLP

Florida Court Declines to Apply a Multiplier as to Attorneys’ Fees in a First Party Insurance Coverage Dispute

In Fla. Peninsula Ins. Co. v. Wagner, 2016 Fla. App. LEXIS 8262 (Fla. 2d DCA 2016), the Second District examined whether the trial court properly applied a multiplier as to attorneys’ fees after the insured homeowners prevailed…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

Florida Court Enforces Four Year Statute of Limitations For Work Performed by Window Installer

In Brock v. Garner Window & Door Sales, Inc., 187 So. 3d 294 (Fla. Dist. Ct. App., 2016), plaintiffs, Lawrence and Laura Brock (“Plaintiffs”) sued the contractor that installed windows on their home after they sustained water…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Residential

Elevator Considered “Falling Object” Under New York Labor Law §240(1)

In McCrea v. Arnlie Realty Co. LLC, 2016 N.Y.App.Div LEXIS 4215 (1st Dep’t June 7, 2016), plaintiff, an elevator repairman, was present at defendant’s property to investigate a scraping noise that could be heard while the…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Personal Injury

Arizona Federal District Court Finds No Coverage for P.F. Chang’s for PCI Assessments

In one of the first decisions construing coverage under a stand-alone cyber insurance policy in the wake of a large-scale cyber security breach, the Arizona Federal District Court rejected restaurant franchisor P.F. Chang’s…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Insurance, Science, Computers, & Technology

Oregon Court of Appeals Holds that “Common Issue” Exception Applies to Permit Defendant Contractor to Recover Attorney’s Fees From Homeowners’ Association

In The Village at North Pointe Condominiums Association v. Bloedel Construction Co. et al., 278 Or App 354 (2016), the Oregon Court of Appeals held that defendant contractor could recover attorneys’ fees against a homeowners…more
| Civil Procedure, Construction Law, Insurance, Real Estate - Residential

New York Court Holds Pollution Exclusion Applicable to Love Canal Claims

In its recent decision in Cincinnati Insurance Co. v. Roy’s Plumbing, Inc., 2016 U.S. Dist. LEXIS 75958 (W.D.N.Y. June 10, 2016), the United States District Court for the Western District of New York had occasion to consider the…more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Insurance, Personal Injury

Second Circuit Holds Insurers Have Duty to Defend Data Trap Lawsuit

In its recent decision in Nat’l Fire Ins. Co. v. E. Mishan & Sons, Inc., 2016 U.S. App. LEXIS 10151 (2d Cir. June 1, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Third Circuit Holds No Estoppel In Light of Reservation of Rights Letters

In its recent decision in Nationwide Prop. & Cas. Ins. Co. v. Shearer, 2016 U.S. App. LEXIS 9635 (3d Cir. 2016), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

The EU Adopts the General Data Protection Regulation

In April of this year, the European Union (“EU”), adopted the General Data Protection Regulation (“GDPR”), a regulation intended to strengthen data protection for individuals residing in the European Union. The GDPR provides a…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

Minnesota Supreme Court Addresses SOL in Construction Defect Suit

In the case of 328 Barry Avenue, LLC v. Nolan Properties Group, LLC, 871 N.W.2d 745 (Minn. 2015), the Supreme Court of Minnesota considered the statute of limitations under Minn. Stat. § 541.051, subd. 1, for actions “arising…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Commercial

Second Circuit Holds Manufacture and Sale of Counterfeit Goods Not an Advertising Injury

In its recent decision in United States Fidelity & Guarantee Co. v. Fendi Adele S.R.L., 2016 U.S. App. LEXIS 8973 (2d Cir. May 17, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had…more
| Commercial Law & Contracts, Communications & Media Law, Insurance, Intellectual Property

New Jersey Court Holds No Coverage for Skydiving Accident

In its recent decision in U.S. Specialty Ins. Co. v. Sussex Airport, Inc., 2016 U.S. Dist. LEXIS 60770 (D.N.J. May 9, 2016), the United States District Court for the District of New Jersey had occasion to consider the phrase…more
| Insurance

New York’s Highest Court Rules in Favor of “All Sums” and Vertical Attachment in Certified Question from Delaware Supreme Court

In the recent decision of Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), the New York Court of Appeals (New York’s highest court), on questions certified by the Delaware Supreme…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

New York Appellate Court Finds New York Labor Law 240(1) Does Not Apply to Plaintiff’s Fall Because the Opening at Issue Was Not Large Enough to Permit His Body to Completely Fall Through

In Vitale v. Astoria Energy II, LLC, 2016 N.Y.App.Div LEXIS 2867 (2nd Dep’t April 20, 2016), Plaintiff was working as a surveyor at a construction site, verifying the accuracy of the location of approximately 200 anchor bolts,…more
| Civil Procedure, Construction Law, Labor & Employment Law, Personal Injury

Eighth Circuit Holds Insureds’ Miller-Shugart Agreement Breached Policy’s Cooperation Clause

In its recent decision in American Family Mut. Ins. Co. v. Donaldson, 2016 U.S. App. LEXIS 7499 (8th Cir. Apr. 26, 2016), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury
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