The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined…
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/ Construction Law, Insurance, Labor & Employment Law, Personal Injury
On October 4, 2024 millions of people breathed a collective sigh of relief when the International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) reached a temporary agreement to delay the planned…
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/ Commercial Law & Contracts, Labor & Employment Law, Maritime Law
In a long-awaited decision, the Pennsylvania Supreme Court ruled in favor of the insurance companies in two appeals involving the availability of business interruption insurance coverage for losses stemming from the COVID-19…
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/ Civil Procedure, Commercial Law & Contracts, Insurance
The Ninth Circuit Court of Appeals in Live Life Bella Vita, LLC v. Cruising Yachts, Inc., -- F.4th --, 2024 WL 4163709 (9th Cir. 2024) found that claimants seeking indemnification or contribution are additional claimants to a…
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/ Civil Procedure, Insurance, Maritime Law
California’s Fourth Appellate District published its opinion in Audish v. Macias, clarifying the collateral source rule in personal injury cases. The Court built on the foundation provided by Howell v. Hamilton Meats &…
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/ Civil Procedure, Insurance, Personal Injury
On July 8, 2024, the United States Department of the Treasury’s Office of Investment Security issued a Notice of Proposed Rulemaking (“NPRM”) that proposed to expand the geographic reach in which the Committee on Foreign…
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/ International Law & Trade, Real Estate - Commercial
On August 15, 2024, the US Department of State’s Directorate of Defense Trade Controls published a final rule that amends the International Traffic in Arms Regulations (“ITAR”) to add two activities to the definition of…
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/ International Law & Trade
The Federal Trade Commission’s (“FTC”) efforts to ban non-compete agreements was significantly curtailed when a federal judge in Texas, on August 20, 2024, issued a nationwide injunction, finding the FTC’s ban on non-compete…
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/ Labor & Employment Law
As a matter of first impression, on July 9, 2024, the Superior Court of New Jersey Appellate Division issued a published decision upholding and enforcing a “capacity” exclusion contained in a Directors and Officers Liability…
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/ Business Organizations, Civil Procedure, Insurance
On July 17, 2024, Governor John Carney signed into law several amendments to the Delaware General Corporation Law (“DGCL”) that are intended to address market uncertainty created by recent Chancery Court decisions. Effective on…
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/ Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions
On April 12, 2024, the United States Supreme Court issued a unanimous decision in Macquarie Infrastructure Corp. v. Moab Partners, L.P.
The Court held that “pure omissions,” including violations of Item 303 of Regulations…
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/ Finance & Banking, Securities Law
With the salary threshold increase for exempt employees taking effect this Monday, businesses across industries are bracing for a transformative shift in their payroll practices.
The Fair Labor Standards Act (“FLSA”) sets…
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/ Labor & Employment Law
Insurers often include exclusions within their liability policies to prohibit coverage for claims arising out of pollution exposure. The exact wording of the exclusion can differ significantly, but the key issue is whether the…
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/ Environmental Law, Insurance
On May 14, 2024, the Supreme Court of New Jersey affirmed last summer’s Appellate Division decision that a plaintiff injured while operating a low-speed electronic scooter did not qualify for Personal Injury Protection (“PIP”)…
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/ Insurance, Personal Injury
The US Supreme Court ruled that an insurer with financial responsibility for bankruptcy claims is a “party in interest” under Bankruptcy Code §1109(b) that “may raise and may appear and be heard on any issue” in a Chapter 11…
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/ Bankruptcy, Insurance
