Cozen O'Connor

New Grower/Processor Regulations Released

On August 18, 2016, the Secretary of Pennsylvania’s Department of Health (“DOH”), Dr. Karen Murphy, announced that the DOH has posted draft temporary regulations (“Regulations”) focusing on the 25 medical marijuana…more
| Health

Assignment v. Subrogation — Prosecuting Recovery Actions Arising from Personal Injury Claims

It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

Data Breach Plaintiffs Continue to Face Article III Standing Challenges

Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims against…more
| Civil Procedure, Constitutional Law, Privacy, Science, Computers, & Technology

“Low-Ball” Settlement Offer On Its Own Is Insufficient To Support A Claim for Bad Faith Under Pennsylvania Law

A low-ball settlement offer on its own is not enough to state a claim for a bad faith according to a federal district court for the Eastern District of Pennsylvania which granted the insurer’s motion to dismiss the insured’s…more
| Civil Procedure, Insurance

Policy Limit demands + Quirke Legal Issues = Call Lawyer

The recent California decision Barickman v. Mercury Casualty Company, 2016 WL 3975279, (Calif. App. – July 25, 2016), previously reported in Cozen’s bad faith blog on July 28, 2016, is worth revisiting on a bigger picture issue…more
| Insurance, Personal Injury

New Entry Requirement When Traveling to Canada

Canada has a new entry requirement that applies to visa-exempt foreign nationals flying to the country on a temporary basis. The program is called the Electronic Travel Authorization (eTA) and was implemented on March 15, 2016…more
| Immigration Law, International Law & Trade

Tax Law Hampering Airport Improvements, Government Accountability Office Finds

Since 1970, the federal Airport and Airway Trust Fund (referred to as the Aviation Trust Fund) has been an important source of finance for airport improvements. But the fund has dwindled thanks to a 2006 law, passed to quell…more
| Energy & Utilities, Finance & Banking, Taxation, Transportation

New Decision Allows Employee Suit for Violation of Concealed Handgun Law

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,…more
| Civil Procedure, Constitutional Law, Elections & Politics, Labor & Employment Law

New FDA Draft Guidance on Benefit-Risk Factors Affecting Medical Device Compliance and Enforcement

In June, the U.S. Food and Drug Administration released draft guidance to clarify the benefit and risk factors it may consider in compliance and enforcement actions involving medical devices. Medical device manufacturers…more
| Health, Science, Computers, & Technology

IRS Proposed Regulations Attack Valuation Discounts for Family Transfers — The Clock Is Now Ticking

The U.S. Department of the Treasury and the IRS have just issued anticipated proposed regulations that, if made final, would severely limit the ability of taxpayers to transfer interests in family limited partnerships and…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements…more
| Administrative Law, Commercial Law & Contracts, Energy & Utilities, International Law & Trade, Transportation

Forgery May Not Constitute “Theft” Under an Employee Dishonesty Coverage

Ruling in favor of the insurer on a motion for summary judgment, on July 29, 2016 the Fifth Circuit Court of Appeals held that under the terms of a commercial crime policy, proof of a forgery by the insured’s employee in…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Energy & Utilities, Insurance

Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage

Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In litigation…more
| Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

FDA Issues New Draft Guidance Requiring Modifications to Medical Device Tracking Labels

The Food and Drug Administration released draft guidance last week revealing its intent to better track medical devices, from pacemakers to condoms, through an amendment to its 2013 “UDI (unique device identifier) Rule”. The…more
| Health, Science, Computers, & Technology

Insurers Beware: Defending Bad Faith Claim May Lead to Waiver of Privileged Communications

On July 27, 2016, the United States District Court for South Carolina ordered an insurer to turn over its privileged communications. The Court explained that the insurer waived the protections afforded under the attorney-client…more
| Civil Procedure, Insurance
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