Traub Lieberman Straus & Shrewsberry LLP


Greater New York City Area, United States

California Court Dismisses Data Breach Class Action

Last week, the California Third District Court of Appeal dismissed what may have been the largest health data breach class action in history. Consistent with a trend of similar dismissals, the California state appellate court…more
| Civil Procedure, Consumer Protection, Privacy, Health, Science, Computers, & Technology

West Virginia Upholds Disclaimer Based on Liquor Liability Exclusion

In its recent decision in Essex Ins. Co. v. Napple’s Bullpen, LLC, 2014 U.S. Dist. LEXIS 97186 (N.D. W.Va. July 17, 2014), the United States District Court for the Northern District of West Virginia had occasion to consider the…more
| Commercial Law & Contracts, Personal Injury, Insurance

Texas Court Holds Insured Failed to Timely Report Claim

In its recent decision in Netspend Corp. v. AXIS Ins. Co., 2014 U.S. Dist. LEXIS 97656 (W.D. Tex. July 18, 2014), the United States District Court for the Western District of Texas had occasion to consider what constitutes a…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice

Several States Aggressively Address Data Security

Legislative action abound! The nation’s several states have been busy this year attempting to protect the citizenry’s protected personal and private information…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Sixth Circuit Holds That Market Crash Cannot Be Considered in Determining ACV

In Whitehouse Condo. Group, LLC v. Cincinnati Ins. Co., 2014 U.S. App. LEXIS 11708 (6th Cir. June 17, 2014), the insured condominium building located in Flint, Michigan was destroyed by a fire. The parties disagreed over the…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Insurance, Real Estate - Residential

5th Circuit Holds No Duty to Indemnify Based on Contractual Liability Exclusion

In its recent decision in Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June 27, 2014), the United States Court of Appeals for the Fifth Circuit had occasion to consider whether the Contractual…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

California Court Grants Hospital Summary Judgment on Data Breach Claim

In its recent decision in Eisenhower Medical Center v. Superior Court, 226 Cal. App. 4th 430(Cal. App. 4th Dist. 2014), the Court of Appeal of California, Fourth District, had occasion to consider whether a medical facility’s…more
| Civil Procedure, Consumer Protection, Privacy, Health, Science, Computers, & Technology

Eighth Circuit Rules Multiple Drowning Constitutes One Occurrence

In its recent decision in Fellowship of Christian Athletes v. AXIS Ins. Co., 2014 U.S. App. LEXIS 13176 (8th Cir. July 11, 2014), the United States Court of Appeals for the Eighth Circuit, applying Missouri law, had occasion to…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance

Texas Federal Court Upholds Summary Judgment In Favor Of Insurer On Hail Damage Claim

Hamilton Props. v. Am. Ins. Co., No.: 12-cv-5046-B, 2014 U.S. Dist. LEXIS 91882 (N.D. Tex. July 7, 2014) was an insurance dispute over coverage for hail damage to the roof of the insured’s commercial property. The insured,…more
| Civil Procedure, Personal Injury, Insurance

Court Certifies Interlocutory Appeal for the FTC v. Wyndham Matter

This blog previously discussed various aspects of the Federal Trade Commission (“FTC”) action filed against Wyndham Worldwide Corp. (“Wyndham”) under Section 5 of the FTC Act, which prohibits “unfair and deceptive acts or…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

California Court Allows Uninsured Motorist Bad Faith Suit to Proceed

In its recent decision in Maslo v. Ameriprise Auto & Home Insurance, 2014 Cal. App. LEXIS 564 (Cal. App. June 27, 2014), the California Court of Appeals for the Second Appellate District had occasion to consider whether an auto…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Business Torts, Personal Injury, Insurance

New York Court Finds Delay In Completion Losses Are Subject To Flood Annual Aggregate Limit

In El-Ad 250 West LLC v. Zurich American Ins. Co., 2014 N.Y. Misc. LEXIS 2838 (June 27, 2014), a New York court analyzed the application of various provisions contained in a Builders Risk Insurance Policy (the “Policy”) issued…more
| Commercial Law & Contracts, Insurance, Real Estate - Commercial

New Jersey Court Allows Rescission of Policy and Awards Damages to Insurer

In its recent decision in Colony Ins. Co. v. Kwasnik, Kanowitz & Assocs., P.C., 2014 U.S. Dist. LEXIS 87659 (D.N.J. June 27, 2014), the United States District Court for the District of New Jersey had occasion to consider the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Professional Malpractice

Illinois Court Holds Duty to Defend Telemarketing Sales Rule Lawsuit

In its recent decision in North River Ins. Co. v. Guar. Trust Life Ins. Co., 2014 Ill. App. Unpub. LEXIS 736 (Apr. 14, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an exclusion for…more
| Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law, Consumer Protection, Insurance

Tenth Circuit (Applying Colorado Law) Upholds Summary Judgment In Favor Of Insurer On Earth Movement And Water Damage Exclusions

Wagner v. Am. Family Mut. Ins. Co., No.: 13-1438, 2014 U.S. App. LEXIS 11526 (10th Cir. June 19, 2014) arose from a claim by a property owner under a homeowner’s insurance policy issued to her by American Family Mutual Insurance…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance, Real Estate - Residential
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