Traub Lieberman Straus & Shrewsberry LLP


Greater New York City Area, United States

TLSS New Jersey Attorneys Obtain Unanimous Defense Verdict in Bodily Injury Case Against Trader Joe’s

On October 16, 2014, TLSS associate Laura Faustino and partner Stuart A. Panensky won a unanimous defense verdict in a jury trial involving the Plaintiff Diana Seuffert’s claim for bodily injury sustained on the Trader Joe’s…more
| Personal Injury

Supreme Court of Mississippi Affirms Disclaimer Based on Professional Liability Exclusion

In its recent decision in Gray v. Arch Specialty Ins. Co., 2014 Miss. LEXIS 534 (Miss. Oct. 23, 2014), the Supreme Court of Mississippi had occasion to consider whether allegations against a paramedic company for negligent…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Insurance, Professional Malpractice

Florida’s Second District Holds that Once Coverage is Established a Dispute over the Scope of Necessary Repairs Falls Squarely within the Scope of the Appraisal Process

In Cincinnati Ins. Co. v. Cannon Ranch Partners, Inc., 2014 Fla. App. LEXIS 17033 (Fla. Dist. Ct. App. 2d Dist. Oct. 17, 2014), the Second District reversed a Hillsborough trial court’s denial of Cincinnati Insurance Company’s…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial

11th Circuit Certifies Questions Regarding Insured’s Breach of Consent to Settle Clause

In its recent decision in Piedmont Office Realty Trust v. XL Specialty Ins. Co., 2014 U.S. App. LEXIS 20141 (11th Cir. Oct. 21, 2014), the United States Court of Appeals for the Eleventh Circuit, applying Georgia law, elected to…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Wills, Trusts, & Estate Planning

U.S. District Court of Hawaii Holds That Claims Arising From Contractors Failure To Provide Metal Framing and Installation of Drywall Do Not Raise An “Occurrence” Under Insurance Policies

In State Farm Fire & Cas. Co. v. RK Wooten, 2014 U.S. Dist. LEXIS 146196 (D. Haw. Oct. 14, 2014), the U.S. District Court of Hawaii recently determined that State Farm Fire & Casualty Insurance Company (“State Farm”) had no duty…more
| Civil Procedure, Construction Law, Insurance

P.F. Chang’s CGL Insurer Seeks Declaratory Judgement on Data Breach Claim

P.F. Chang’s China Bistro made headlines when it recently reported that 33 of its restaurant locations spanning 18 states suffered a data breach in connection with the restaurant’s point-of-sale payment systems. While the breach…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Privacy, Insurance

New York Court Holds No Coverage for Publication of Credit Card Information

In its recent decision in Nat’l Fire Ins. Co. v. E. Mishan & Sons, Inc., 2014 U.S. Dist. LEXIS 130608 (S.D.N.Y. Sept. 16, 2014), the United States District Court for the Southern District of New York had occasion to consider…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Privacy, Insurance

California District Court Finds Threat of Future Harm Sufficient to Confer Article III Standing in Data Breach Action

In a departure from the mounting body of case law finding that the “increased risk of future harm” is insufficient to confer Article III standing on victims of a data breach, the U.S. District Court for the Northern District of…more
| Civil Remedies, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

Louisiana Court Finds In Favor Of Insurer On Standard Flood Insurance Policy Claim

In Parr v. Allstate Ins. Co., 2014 U.S. Dist. LEXIS 146372 (E.D. La., October 14, 2014), the court analyzed the amount payable on a flood insurance claim sustained by Rickey Parr to his house during Hurricane Isaac. Parr had a…more
| Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

Illinois Court Holds Insurer Estopped from Relying on Coverage Defenses

In its recent decision in Mt. Hawley Ins. Co v. Certain Underwriters at Lloyd’s, 2014 Ill. App. LEXIS 655 (Ill. App. Ct. Sept. 9, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

California District Court Errs in Dismissing Insurer’s Equitable Reimbursement Claim without Leave to Amend

In the contentious matter of Travelers Indemnity Company of Connecticut, et al. v. Centex Homes, et al., 2014 U.S. Dist. LEXIS 115598 (E.D. Cal. 2014), the Eastern District of California recently reconsidered its July 30, 2014…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Insurance

United States Middle District of Florida Gives Plaintiffs an Option with regard to Premature Bad Faith Claims

In Gianassi v. State Farm Mut. Auto. Ins. Co., 2014 U.S. Dist. LEXIS 142600 (M. D. Fla. 2014), the Middle District granted in part and denied in part State Farm’s Motion to Dismiss two counts of Plaintiff’s three-count…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Personal Injury, Insurance

ALJ Denies LabMD’s Motion for Sanctions Against the FTC

Although the litigation between LabMD and the Federal Trade Commission (FTC) continues in the Eleventh Circuit, an administrative law judge has resolved one battle between the two entities. Chief Administrative Law Judge D…more
| Administrative Law, Antitrust & Trade Regulation, Elections & Politics, Consumer Protection, Science, Computers, & Technology

The Texas Supreme Court Upholds a Vacancy Condition and Refuses to Expand the Prejudice Requirement.

In Greene v. Farmers Ins. Co., 2014 Tex. LEXIS 757 (Tex. Aug. 29, 2014), the Texas Supreme Court affirmed a denial of coverage under a homeowner’s policy because the owner had vacated the home. Plaintiff purchased a Texas…more
| Commercial Law & Contracts, Insurance, Real Estate - Residential

Second Circuit Affirms Insurer’s Late Notice Disclaimer

In its recent decision in Indian Harbor Ins. Co. v. The City of San Diego, 2014 U.S. App. LEXIS 18986 (2d Cir. Oct. 2, 2014), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to…more
| Civil Procedure, Commercial Law & Contracts, Insurance
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