White and Williams LLP

Top Developments: 2025 - Issue 2

Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”…more

Appeals, Business Interruption, Commercial Insurance Policies, Construction Disputes, Construction Litigation

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The New York Lien Law - Top Ten Things You Ought to Know

Over the course of my career, I have had the privilege of working with and representing numerous construction lenders (and borrowers/developers) in the financing of some of the largest commercial projects in the United States. …more

Construction Contracts, Construction Industry, Lenders, Liens, Loan Agreements

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COVID-19 Pandemic Preference Amendments to Bankruptcy Code Benefiting Vendors, Customers, Commercial Landlords and Tenants

Over the last three months, Congress has passed major pieces of legislation primarily in response to the COVID-19 pandemic, including the Consolidated Appropriations Act of 2021 (CAA), which was signed into law on December 27,…more

Arrearages, Bankruptcy Code, Bankruptcy Preferences, Commercial Bankruptcy, Commercial Tenants

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Top Developments - 2025, Issue 1

New Jersey appeals court concludes that claims by a condominium resident alleging injury from indoor exposure to mold did not fall within a “consumption” exception to mold exclusions* in CGL policies where the resident…more

Alaska, California, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

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In Texas, a Certificate of Merit Must Address the Conduct of Each Defendant Specifically  

In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan…more

Appeals, Architects, Condominiums, Construction Defects, Construction Litigation

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Ohio Court Refuses to Annualize Multi-Year Policies’ Per Occurrence Limits

White and Williams recently obtained summary judgment against an insured on behalf of an insurer and a guarantor, establishing that two multi-year insurance policies provide per occurrence limits on a per policy rather than a…more

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New York Lawmakers Re-introduce Legislation to Impose Recording Tax on Mezzanine Loans and Preferred Equity Investments

New York State lawmakers have reintroduced proposals to impose a tax on the creation of mezzanine debt and preferred equity. Both the New York Senate and Assembly have put forward similar bills that would require both mezzanine…more

Borrowers, Debt, Equity Investors, Financial Statements, Mezzanine Lenders

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FTC Announces Revised Hart-Scott-Rodino Notification Thresholds Will Go into Effect March 6, 2024

On January 22, 2024, the Federal Trade Commission (the“FTC”) announced revised thresholds for pre-merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The revised thresholds and…more

Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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When Actions Speak Louder Than Words: Implied Assumption of Debt of an Acquired Business

When considering whether to acquire a business through an asset sale, it is important for the purchaser to analyze what, if any, of the seller’s liabilities it must assume to continue the seller’s operations. Prudent purchasers…more

Asset Purchase Agreements, Assumption of the Risk, Breach of Contract, Buyers, Sellers

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Fifth Circuit -- Damage to Property Beyond Insured’s Product/Work Not Precluded By ‘Your Product/Your Work Exclusion’

On January 11, 2022, the United States Court of Appeals for the Fifth Circuit issued its decision in Siplast, Incorporated v. Employers Mutual Casualty Company, 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022), finding that an…more

Appeals, Declaratory Judgments, Duty to Defend, Property Damage, Your Work Exclusions

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Top Developments: 2025 - Issue 2

Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”…more

Appeals, Business Interruption, Commercial Insurance Policies, Construction Disputes, Construction Litigation

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New York County Supreme Court Upholds Accommodation Pledges

In recent years, the claim that an accommodation pledge attached to a mortgage loan effectively “clogs” a borrower’s right of redemption has been the basis of numerous civil actions in New York courts. With the case of Atlas…more

Foreclosure, Lenders, Loan Agreements, Loans, Mortgages

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Generative Artificial Intelligence: Calling for a New Legal Front

New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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Medical Device Update: Third Circuit Certifies Questions Concerning Device Manufacturers’ Liability Under Pennsylvania Law

The United States Court of Appeals for the Third Circuit has asked the Pennsylvania Supreme Court to clarify Pennsylvania’s medical device liability law. On June 24, 2021 in Ebert v. C.R. Bard, Inc., No. 20-2139, 2021 U.S. App…more

Manufacturer Liability, Manufacturing Defects, Medical Devices, PA Supreme Court

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With a Roll of the Dice in Amtrust v. Vasquez, Nevada Workers’ Compensation Insurers Hit the Jackpot!

Doubling down on the often quoted phrase: “All is sunny in Workers’ Compensation Subrogation,” just last week, the Supreme Court of Nevada (Supreme Court) provided a huge win for workers’ compensation subrogation professionals. …more

Medical Malpractice, Nevada, Subrogation, Workers’ Compensation

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EEOC Guidance Provides Employers with a Roadmap for Effective Workplace Anti-Harassment Policies and Training

Last week, the Equal Employment Opportunity Commission (EEOC) published its updated guidance on harassment in the workplace (the “Guidance”) which provides a comprehensive resource on federal workplace harassment law. The…more

ADEA, Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Civil Rights Act

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What Does The Future Hold For Non-Competes After The FTC’s Proposed Ban?

In the newest episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Scott Casher, Partner and Co-Chair, Labor and Employment Practice Group, joins host Jeffrey Stewart…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing, Labor Reform

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Montana Trial Court Holds That Youths Have Standing to Bring Constitutional Claims Against State Government For Alleged Climate Change-Related Harms

On August 14, 2023, in a “landmark” ruling, a Montana state court held that youth plaintiffs had standing to assert constitutional claims against the State of Montana, its governor and state agencies for “ignoring” the impact of…more

Climate Change, Constitutional Challenges, Energy Projects, Equitable Relief, Fossil Fuel

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Generative Artificial Intelligence: Calling for a New Legal Front

New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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Amazon Can (Still) Be Liable in Louisiana

On November 25, 2024, in Pickard v. Amazon.com, Inc., No. 5:20-cv-01448, 2024 U.S. Dist. LEXIS 215377, the United States District Court for the Western District of Louisiana (District Court) ruled that Amazon.com, Inc. (Amazon)…more

Amazon, Liability, Louisiana, Negligence, Product Defects

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Resurrection from Repose, Forum Shopping, and Pennsylvania’s “Borrowing Statute”

Litigation strategy is a dynamic process from pre-suit through the appellate systems. For parties initiating an action, choosing the most advantageous court or “forum” is key. Attorneys and their clients consider many factors…more

Defense Strategies, Forum Shopping, Jurisdiction, Litigation Strategies, Statute of Repose

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Federal Trade Commission Prohibits Nearly All Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to approve the Final Rule that (1) prohibits employers from entering into non-compete agreements with workers and (2) requires employers to rescind nearly all…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Best Practices for Employers In An Unsettled DEI Climate

This episode of The Employment Law Counselor podcast, in collaboration with the Professional Liability Underwriting Society (PLUS), dives into recent executive orders which end Federal DEI programs and, among other things,…more

Anti-Discrimination Policies, Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek contribution…more

Hospitals, Indemnity, Liability, Medicare, Negligence

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U.S. Supreme Court Declines to Review Second Circuit Ruling That Syndicated Term Loans Are Not Securities

The U.S. Supreme Court has declined to hear an appeal in the Kirschner case, in which the U.S. Court of Appeals for the Second Circuit upheld a 2020 ruling by the U.S. District Court for the Southern District of New York that…more

Appeals, Denial of Certiorari, SCOTUS, Securities, Syndicated Loans

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FTC Announces Revised Hart-Scott-Rodino Notification Thresholds Will Go into Effect March 6, 2024

On January 22, 2024, the Federal Trade Commission (the“FTC”) announced revised thresholds for pre-merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The revised thresholds and…more

Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Electronic Medical Records May Be Subject to On-site Inspection

On-site expert review of electronic medical records (“EMR”) may no longer be a last resort in professional liability matters in New Jersey. A three-judge panel in New Jersey’s Appellate Division recently upheld a trial court’s…more

Appeals, Confidential Information, Coronavirus/COVID-19, Cyber Attacks, Electronic Protected Health Information (ePHI)

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New York Lawmakers Re-introduce Legislation to Impose Recording Tax on Mezzanine Loans and Preferred Equity Investments

New York State lawmakers have reintroduced proposals to impose a tax on the creation of mezzanine debt and preferred equity. Both the New York Senate and Assembly have put forward similar bills that would require both mezzanine…more

Borrowers, Debt, Equity Investors, Financial Statements, Mezzanine Lenders

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Massachusetts’ Statute of Repose: Contract Claims vs. Negligence Claims

In Trustees of Boston University v. Clough, Harbour & Associates LLP, 495 Mass. 682, the Supreme Court of Massachusetts held that the tort statute of repose for improvements to real property did not bar a contract claim where…more

Breach of Contract, Construction Disputes, Construction Litigation, Contract Disputes, Statute of Repose

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No Expert Testimony for You: Maryland Federal Court Deems Expert Testimony Inadmissible

The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her young infant, C.W., suffered severe burns from a bathtub in their rental property. The plaintiff alleged that the landlord, Marilyn L. Dennison…more

Bodily Injury, Damages, Evidence, Expert Testimony, Federal Rules of Evidence

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The Supreme Court Clarifies the Undue Hardship Standard Under Title VII

On June 29, 2023, the United States Supreme Court reversed the Third Circuit and clarified that Title VII of the Civil Rights of Act 1964 (“Title VII”) requires a covered employer that denies a religious accommodation to show…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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Changes to the Federal Rules – 2024

Unless Congress moves quickly, several amendments to the Federal Rules of Civil Procedure and Evidence will take effect December 1, 2024. Below is a brief description of the amendments..…more

Federal Rules of Civil Procedure, Hearsay, Liability, New Amendments, New Rules

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NJ Appellate Court Rules Investigative Documents Created in Compliance With the Patient Safety Act Are Protected

Under the Patient Safety Act (PSA), a health care facility’s incident and investigative reports are “absolutely privileged”, says the New Jersey Appellate Division. Earlier this month, the court held in Keyworth v. Careone at…more

Appellate Courts, Disclosure, Healthcare, Healthcare Facilities, Investigations

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New York Alleviates Some Requirements of the Comprehensive Insurance Disclosure Act

After significant pushback from insurers and defendants, in late February the New York Legislature made amendments that reduce the burden of some of the original disclosure requirements of the Comprehensive Insurance Disclosure…more

Disclosure Requirements, Litigation Fees & Costs, New Legislation, New York, State and Local Government

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Top Developments - 2025, Issue 1

New Jersey appeals court concludes that claims by a condominium resident alleging injury from indoor exposure to mold did not fall within a “consumption” exception to mold exclusions* in CGL policies where the resident…more

Alaska, California, Denial of Insurance Coverage, Insurance Claims, Insurance Litigation

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Court Rules ADA Prevents School District from Dropping Mask Mandate

In Doe v. Perkiomen Valley School District, 2022 U.S. Dist. LEXIS 21079 (E.D. Pa. Feb. 7, 2022), the court granted an injunction requested by a class of disabled children and their parents to prevent the school district from…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Disability Discrimination, Disparate Treatment

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Federal Advisory Warns Hospitals Facing “Increased and Imminent” Cyber Threat; 400 Hospitals Already Targeted

A Joint Cybersecurity Advisory (the Advisory) by the Cybersecurity & Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI) and the Department of Health & Human Services (HHS) has warned of an increased…more

Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach, Data Security

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Virtual Currency Ventures: Navigating Tax and Accounting Waters for Success

Step into the fascinating world of virtual currencies, where digital marvels like Bitcoin and Dogecoin, have captured the attention of adventurers and investors alike. As you venture into this dynamic realm, it's important to…more

Accounting, Bitcoin, Cryptocurrency, FASB, Income Taxes

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Maine Gambling Control Unit Takes Meaningful Steps Toward Sports Betting Rollout

Roughly eight months after enacting legislation authorizing retail and online/mobile sports betting, Maine’s Gambling Control Unit (“MGCU”) is taking meaningful steps toward an official “launch.” On January 11, 2023, MGCU…more

Advertising, Background Checks, Gambling, Licensing Rules, Online Gaming

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PA Bill Offering Healthcare Providers COVID-19 Civil Immunity Vetoed

On November 30, Pennsylvania Governor Tom Wolf vetoed HB 1737 which would have afforded healthcare providers across the Commonwealth immunity from civil suits related to the COVID-19 pandemic. In his veto statement, Governor…more

Coronavirus/COVID-19, Governor Vetoes, Governor Wolf, Health Care Providers, Immunity

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Part 2: How to Make the Public Sector an Ally and Not a 'Public Enemy'

Partners, Lian Skaf and Matt Ferrie, are back for the second part of their series titled, “Part 2: How to Make the Public Sector an Ally and not a ‘Public Enemy’.” John Lightbody, CFI, CFEI, CFII, Chief Investigator and…more

Insurance Claims, Insurance Industry, Insurance Investigations, Insurance Litigation, Public Sector

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Breaking Up (a Business) Is Hard to Do: How to Plan Ahead to Ease the Pain

In business, as in marriage, financial problems put stress on a relationship and are a common cause of divorce. No business divorce is easy, but partners who have ahead of time vetted governance, dispute resolution, termination…more

Business Divorce, Contract Drafting, Corporate Dissolution, Corporate Governance, Dispute Resolution

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Good News for the Restaurant Industry – and Perhaps Their Landlords and Lenders

On March 11, 2021, President Biden signed the American Rescue Plan (the Rescue Plan) into law. The $1.9 trillion package is the third law enacted to aid the economy and struggling Americans as the COVID-19 pandemic continues to…more

American Rescue Plan Act of 2021, Business Expenses, Business Interruption, Coronavirus/COVID-19, Grants

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Inflation Reduction Act

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (“IRA”) into law. While much of the legislation is geared towards climate change mitigation, clean energy, and provisions to promote health care…more

Alternative Minimum Tax, Biden Administration, Business Losses, Climate Change, Excise Tax

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Best Practices for Employers In An Unsettled DEI Climate

This episode of The Employment Law Counselor podcast, in collaboration with the Professional Liability Underwriting Society (PLUS), dives into recent executive orders which end Federal DEI programs and, among other things,…more

Anti-Discrimination Policies, Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Revisiting the Treating Physician Rule: PA Supreme Court Limits Ability of Defense Counsel to Represent Nonparty Treating Physician

Last month, in Mertis v. Oh, the Supreme Court of Pennsylvania held that a physician subpoenaed for deposition in a malpractice case does not have unfettered discretion in choosing his or her attorney. Rather, the Supreme Court…more

Health Care Providers, Medical Malpractice, PA Supreme Court, Physicians, Professional Liability

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Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek contribution…more

Hospitals, Indemnity, Liability, Medicare, Negligence

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Corporate Transparency Act – FinCEN Narrows Scope of Reporting Requirements and Extends Deadline

In the latest twist in the ongoing Corporate Transparency Act (“CTA”) and beneficial ownership information (“BOI”) reporting requirements saga, news came from Washington on March 21, 2025, that the Financial Crimes Enforcement…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Final Rules, FinCEN

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New York's Highest Court Says Asbestos Causation Requires Evidence Of Sufficient Exposure To Sustain Liability

On April 26, 2022, the New York Court of Appeals described that in toxic tort cases a plaintiff can only establish liability-creating causation for an adverse health effect with “expert testimony based on generally accepted…more

Appellate Courts, Asbestos, Asbestos Litigation, Causation, Mesothelioma

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Corporate Transparency Act – FinCEN Narrows Scope of Reporting Requirements and Extends Deadline

In the latest twist in the ongoing Corporate Transparency Act (“CTA”) and beneficial ownership information (“BOI”) reporting requirements saga, news came from Washington on March 21, 2025, that the Financial Crimes Enforcement…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Final Rules, FinCEN

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Ohio Court Refuses to Annualize Multi-Year Policies’ Per Occurrence Limits

White and Williams recently obtained summary judgment against an insured on behalf of an insurer and a guarantor, establishing that two multi-year insurance policies provide per occurrence limits on a per policy rather than a…more

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Arrowood Indemnity – The Latest US Insurer to Enter Liquidation

On November 8, 2023, Arrowood Indemnity was placed into voluntary liquidation in Delaware. Arrowood was the runoff entity for Royal Sun Alliance Insurance Group, and had been in operation for about twenty years, resolving over…more

Indemnity, Insurance Industry, Liquidation

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The Main Street Business Lending Program – Opening of Lender Registration and Proposed Expansion to Nonprofit Loans

On June 15, 2020 the Federal Reserve announced that lender registration is officially open under the Main Street Business Lending Program (Main Street Program). Registration instructions and the form loan participation…more

Federal Reserve, Loans, Main Street Lending Programs, Nonprofits, Registration

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Delaware Superior Court Finds Pollution Exclusion Precludes Coverage for COVID-Related Claims

LEAVES DOOR OPEN ON WHETHER THE PRESENCE OF COVID-19 VIRIONS IS DIRECT PHYSICAL LOSS OR DAMAGE - The Delaware Superior Court recently dismissed an amusement park operator’s bid for property damage insurance coverage for…more

Contamination, Coronavirus/COVID-19, Exclusions, Insurance Industry, Pollution Control

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First Circuit Finds No Coverage For Subcontracted Faulty Work

After almost two years' deliberation, the First Circuit last week issued its long-awaited decision in Admiral Ins. Co. v. Tocci Bldg. Corp.: affirming on other grounds, and leaving in place a district court decision that found…more

Commercial General Liability Policies, Construction Industry, Faulty Workmanship, General Contractors, Insurance Industry

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North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of Benzene-Related Claims

On December 16, 2022, the North Carolina Supreme Court decided Radiator Specialty Co. v. Arrowood Indem. Co., 2022 N.C. LEXIS 1122 (Dec. 16, 2022), in which it addressed coverage issues arising out of claims by individuals…more

Appeals, Asbestos, Bodily Injury, Insurance Industry, Motion for Summary Judgment

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A Look at What's to Come: Looming Changes to the Pennsylvania Statutory Liability Caps

Perhaps unsurprisingly for plaintiffs’ and defense attorneys who have been following the ongoing saga related to statutory damages caps, the Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA, 302 A.3d 1261 (Pa…more

Jurisdiction, Liability, PA Supreme Court, Pennsylvania

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Superior Court of Pennsylvania to Address Requirements for Application of the Mcare Patient Safety Privilege

Since the passage of the Medical Care Availability and Reduction of Error (“MCARE”) Act nearly two decades ago, healthcare providers in Pennsylvania have been required to establish procedures and protocols for investigating and…more

Appeals, Medical Malpractice, Pennsylvania

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Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek contribution…more

Hospitals, Indemnity, Liability, Medicare, Negligence

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PA Superior Court Continues to Heighten the Bar on Establishing Evidentiary Privileges Under the Patient Safety Quality Improvement Act and Peer Review Protection Act

On April 28, 2020, the Pennsylvania Superior Court in Ungurian v. Wilkes-Barre Hospital Company, LLC d/b/a Wilkes-Barre General Hospital, affirmed several Luzerne County trial court orders compelling the production of documents…more

Patient Safety, Peer Review, Pennsylvania

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Florida-Seminole Sports Betting Gaming Compact Passes Legislature, but Court Challenges Are Expected

On May 19, 2021, the Florida legislature approved a 30-year deal granting the Seminole Indian Tribe (Tribe) exclusive rights to operate sports betting in the state. While the Tribal Gaming Compact received bipartisan support in…more

Appeals, Constitutional Challenges, Florida, Indian Gaming, Indian Gaming Regulation Act

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Delaware Passes Senate Bill 21, Altering the Balance Between Shareholders and Corporations

On Tuesday evening, following two hours of debate and five failed amendments, bipartisan Senate Bill 21 (“SB 21”) passed the Delaware House and was quickly signed by Delaware Governor Matt Meyer. SB 21, which, in part, was a…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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New Jersey Appellate Court Requires Affidavit of Merit in COVID-19 Litigation Against an Assisted Living Facility

An affidavit of merit is required to prosecute a professional negligence claim against an assisted living facility in New Jersey. The recent appellate decision of Priolo v. Shorrock Garden Care Ctr., No. A-3032-20, 2022 N.J…more

Affidavits, Appellate Courts, Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Dismissals

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FOURTH QUARTER ALERT: 100% Bonus Depreciation Deduction Expires December 31, 2022

As we move into the final quarter of 2022, it is critical to take note of an expiring tax benefit in the Tax Cuts and Jobs Act (TCJA). Passed in 2017, it allows for 100% bonus depreciation on a wide variety of capital assets…more

Bonus Depreciation, Capital Assets, Capital Gains, Internal Revenue Code (IRC), IRS

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Revisiting the Treating Physician Rule: PA Supreme Court Limits Ability of Defense Counsel to Represent Nonparty Treating Physician

Last month, in Mertis v. Oh, the Supreme Court of Pennsylvania held that a physician subpoenaed for deposition in a malpractice case does not have unfettered discretion in choosing his or her attorney. Rather, the Supreme Court…more

Health Care Providers, Medical Malpractice, PA Supreme Court, Physicians, Professional Liability

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Nasdaq’s Giant Leap Towards Diversity on the Board

Following the lead of California, Illinois and other states, Nasdaq, which is home to some of the largest companies in the world including Amazon, Google and Facebook, may require diversity on the board of directors of those…more

Board of Directors, Corporate Governance, Diversity and Inclusion Standards (D&I), LGBTQ, Minorities

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Top Developments – November 2022

SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings…more

Appeals, Climate Change, Coronavirus/COVID-19, Denial of Insurance Coverage, Duty to Defend

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Federal Tax Return Filing and Payment Update IRS Notice 2020-23

The Internal Revenue Service (IRS) has issued a series of Notices over the last few weeks regarding tax return filing and payment deferrals and we have summarized the key aspects of the Notices in prior alerts. The IRS has…more

Coronavirus/COVID-19, Federal Taxes, Filing Deadlines, Income Taxes, IRS

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Consent to General Jurisdiction by Registration Affirmed … But Only In Pennsylvania, and Perhaps Not For Long

In a much anticipated ruling, the U.S. Supreme Court vacated a Pennsylvania Supreme Court opinion that prohibited an out-of-state plaintiff from suing an out-of-state defendant for out-of-state behavior. While the decision in…more

Commerce Clause, Federal Employers’ Liability Act (FELA), General Jurisdiction, Mallory v Norfolk Southern Railway Co, PA Supreme Court

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Construction Projects and Subrogation: Timing is Everything

In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s…more

Appeals, Construction Contracts, Construction Defects, Construction Project, Contract Terms

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Consent to General Jurisdiction by Registration Affirmed … But Only In Pennsylvania, and Perhaps Not For Long

In a much anticipated ruling, the U.S. Supreme Court vacated a Pennsylvania Supreme Court opinion that prohibited an out-of-state plaintiff from suing an out-of-state defendant for out-of-state behavior. While the decision in…more

Commerce Clause, Federal Employers’ Liability Act (FELA), General Jurisdiction, Mallory v Norfolk Southern Railway Co, PA Supreme Court

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No Delay Damages Without Reciting the Notice-To-Defend Magic Spell

Pennsylvania law allows verdict winners in cases involving property damage, bodily injury, or death to request delay damages from the liable defendants. Delay damages are awarded for the period starting one year after initial…more

Bodily Injury, Damages, Property Damage, Rules of Civil Procedure, Trial Court Orders

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Delaware Passes Senate Bill 21, Altering the Balance Between Shareholders and Corporations

On Tuesday evening, following two hours of debate and five failed amendments, bipartisan Senate Bill 21 (“SB 21”) passed the Delaware House and was quickly signed by Delaware Governor Matt Meyer. SB 21, which, in part, was a…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Pursuing Claims Against Minors and Their Parents

Chris Konzelmann, Partner, hosts the newest episode of the Subro Sessions podcast entitled: “Pursuing Claims Against Minors and Their Parents.” In this episode, Chris revisits a case and discusses the problems that may arise…more

Insurance Claims, Insurance Industry, Minor Children, Negligence, Property Damage

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A Reflection on the New Jersey Supreme Court’s Recent Rejection of a Per Se Ban on Lost- Profit Claims by New Businesses

On August 17, the New Jersey Supreme Court decided Schwartz v. Menas, 279 A.3d 436 (N.J. 2022). At issue was whether the plaintiff’s claim for lost profits damages as a new business was barred by the “new business rule.” This…more

Appeals, Certifications, Damages, Lost Profits, NJ Supreme Court

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FTC Announces Revised Hart-Scott-Rodino Notification Thresholds Will Go into Effect March 6, 2024

On January 22, 2024, the Federal Trade Commission (the“FTC”) announced revised thresholds for pre-merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The revised thresholds and…more

Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Top Developments – November 2022

SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings…more

Appeals, Climate Change, Coronavirus/COVID-19, Denial of Insurance Coverage, Duty to Defend

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The 12 Days of Year-End Estate Planning

As the end of 2024 draws near, it’s a great time to review your finances and prepare for a prosperous new year. Whether you’re cozying up by the fire or decorating with family, a little year-end financial planning can help you…more

401k, 529 Plans, Beneficiary Designations, Estate Planning, Financial Planning

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New York State Legislature Reintroduces Bills to Extend Mortgage Recording Tax to Mezzanine Debt and Preferred Equity

Companion bills in the New York State Legislature, Assembly Bill No. A3139 and Senate Bill No. S3074, if enacted, would subject mezzanine loans and preferred equity investments to the same recording and taxation requirements…more

Equity, Mezzanine Lenders, Mortgages, Proposed Legislation, Recording Fees

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PA Supreme Court to Revisit Peer Review Protections for Credentialing

In September, the Pennsylvania Supreme Court agreed with the urging of the Superior Court to hear an appeal on whether the Pennsylvania Peer Review Protection Act (PRPA or the Act) shields from discovery the evaluations of…more

Appeals, Employee Evaluations, Medical Malpractice, PA Supreme Court, Peer Review

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New Jersey To Maintain Public List Available Online of Employers Who Fail to Satisfy Outstanding Liabilities Under the State’s Wage, Benefit, And Tax Laws

On August 8, 2023, the New Jersey Department of Labor and Workforce Development (DOL) implemented the Workplace Accountability in Labor List (the WALL) — a public list, accessible through the DOL website, that includes the names…more

Department of Labor (DOL), Employee Benefits, Employer Liability Issues, Prevailing Wages, State Labor Laws

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Data for Sale

What happens to sensitive personal information shared by consumers when the company collecting that information encounters financial distress? That exact issue is currently front and center in the Chapter 11 proceedings of…more

23andMe, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Consumer Privacy Rights

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PA Superior Court Imposes Heavy Burden on Defendants to Challenge Propriety of Venue

Efforts by defendants to challenge venue in Philadelphia took another backwards step this week when the Superior Court of Pennsylvania reversed a Philadelphia Court of Common Pleas’ order transferring venue to Bucks County…more

Appeals, Burden of Proof, Discovery, Medical Malpractice, Pennsylvania

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Cryptocurrency Regulations and How They May Impact Private Investment Funds

Over the last five years, decentralized finance (DeFi), especially cryptocurrencies and other digital assets are a space that continues to grow at an exponential rate, not only for retail investors but also for private…more

BitMEX, Broker-Dealer, CFTC, Coinbase, Cryptoassets

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Generative Artificial Intelligence: Calling for a New Legal Front

New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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Hurricane Ian: Discussing Wind-Water Disputes

Most of the Florida homes in the path of Hurricane Ian lack flood insurance, posing a major challenge to rebuilding efforts, new data show. In the counties whose residents were told to evacuate, just 18.5 percent of homes have…more

Appeals, Business Interruption, Causation, Construction Defects, Design Defects

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U.S. Supreme Court Declines to Review Second Circuit Ruling That Syndicated Term Loans Are Not Securities

The U.S. Supreme Court has declined to hear an appeal in the Kirschner case, in which the U.S. Court of Appeals for the Second Circuit upheld a 2020 ruling by the U.S. District Court for the Southern District of New York that…more

Appeals, Denial of Certiorari, SCOTUS, Securities, Syndicated Loans

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Delaware Passes Senate Bill 21, Altering the Balance Between Shareholders and Corporations

On Tuesday evening, following two hours of debate and five failed amendments, bipartisan Senate Bill 21 (“SB 21”) passed the Delaware House and was quickly signed by Delaware Governor Matt Meyer. SB 21, which, in part, was a…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Top Developments: 2025 - Issue 2

Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”…more

Appeals, Business Interruption, Commercial Insurance Policies, Construction Disputes, Construction Litigation

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The Superior Court of Pennsylvania Clarifies the Discoverability of Mental Health Records in Personal Injury Lawsuits

In two recently released opinions, the Superior Court of Pennsylvania held that a personal injury lawsuit including related allegations of emotional harm, in and of itself, is insufficient to waive the statutory…more

Medical Records, Mental Health, Negligence

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It’s “Personal”– An Expansion of What Qualifies As “Personal Information” Under Pennsylvania’s Data Breach Notification Law

In Pennsylvania, data breach notification is governed by the Breach of Personal Information Notification Act (“the Act”). Originally codified in 2005, the Act addresses the security of computerized data and the notification of…more

Data Breach, Health Insurance, Health Insurance Portability and Accountability Act (HIPAA), HITECH Act, Personal Information

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Evidence of Lack of Adequate Compliance Systems Sufficient to Plead Bad Faith by Board

Summer is usually the best time of year for ice cream companies, but the season is off to a rough start for Blue Bell Creameries, USA, Inc. The Delaware Supreme Court, in Marchand v. Barnhill, held on June 18 that a suit brought…more

Bad Faith, Blue Bell Creameries, Board of Directors, Compliance, Corporate Governance

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Mental Anguish Claims and Punitive Damages in Delaware: Plaintiffs Must Do More Than Plead

The Delaware Superior Court reaffirmed that plaintiffs must prove that a substantial, ongoing physical symptom of a mental anguish is required to sustain a mental anguish claim. The recent case of Estate of Susan J. Moulder, et…more

DE Supreme Court, Delaware, Emotional Distress Damages, Punitive Damages, Summary Judgment

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Tipping Point! Are PA's Damages Limits for Commonwealth Agencies About to be Eliminated or Changed After 40 Years?

For over 40 years, Pennsylvania law has limited monetary damages recoverable for tort liability from Commonwealth agencies and local government entities. Under 42 Pa. C.S.A. § 8528, damages recoverable against a Commonwealth…more

Damage Caps, Damages, General Assembly, PA Supreme Court, Pennsylvania

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Top Developments – November 2022

SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings…more

Appeals, Climate Change, Coronavirus/COVID-19, Denial of Insurance Coverage, Duty to Defend

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Top Developments – November 2022

SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings…more

Appeals, Climate Change, Coronavirus/COVID-19, Denial of Insurance Coverage, Duty to Defend

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Evaluating Alternative Avenues to Verdict in the COVID-19 Legal Atmosphere

As the COVID-19 pandemic continues to reshape nearly all walks of life, the legal profession has likewise adapted to the new practicalities facing litigation. Perhaps no facet of the law has been more affected than jury trials,…more

Arbitration, Bench Trial, Coronavirus/COVID-19, Indemnity, Jury Trial

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Insurance Enters the Fray: Southern District of New York Finds Insurrectionary Intent Sufficient to Apply War Exclusion

In a September 22, 2022 decision, the U.S. District Court for the Southern District of New York held a commercial general liability policy’s war and financial services exclusions barred coverage for a suit arising out of the…more

Airplane Accidents, Bodily Injury, Commercial General Liability Policies, Declaratory Judgments, Financial Services Industry

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Top Developments: 2025 - Issue 2

Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”…more

Appeals, Business Interruption, Commercial Insurance Policies, Construction Disputes, Construction Litigation

See all updates »

New York Civil Practice Will Allow Unnotarized Affirmations Instead Of Affidavits

Notarized affidavits will not be required for court submissions starting in the new year. As of January 1, 2024, New York CPLR Rule 2106 is amended to permit that an affirmed statement can be used in a New York action instead…more

Affidavits, Commercial Litigation, CPLR, Health Care Providers, New York

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Generative Artificial Intelligence: Calling for a New Legal Front

New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Office

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EEOC Guidance Provides Employers with a Roadmap for Effective Workplace Anti-Harassment Policies and Training

Last week, the Equal Employment Opportunity Commission (EEOC) published its updated guidance on harassment in the workplace (the “Guidance”) which provides a comprehensive resource on federal workplace harassment law. The…more

ADEA, Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Civil Rights Act

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NJ and PA Workers' Compensation Benefits for 2025

Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates that…more

Compensation & Benefits, Department of Labor (DOL), Disability, Employee Benefits, New Jersey

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Replevin Actions: What You Should Know

A contractor client of White and Williams recently found itself in a prickly situation. They had default terminated a subcontractor on a major commercial project and withheld payment to that subcontractor on an outstanding…more

Construction Project, Contractors, Final Judgment, Invoices, Jurisdiction

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District Court Overturns Purdue Pharma’s Chapter 11 Plan and Related Releases of Sackler Family from Opioid Liability Claims

On December 16, 2021, Judge McMahon of the United States District Court for the Southern District of New York (District Court) issued her decision in In re: Purdue Pharma LP, overturning the bankruptcy judge’s confirmation of…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Mass Tort Litigation

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Consent to General Jurisdiction by Registration Affirmed … But Only In Pennsylvania, and Perhaps Not For Long

In a much anticipated ruling, the U.S. Supreme Court vacated a Pennsylvania Supreme Court opinion that prohibited an out-of-state plaintiff from suing an out-of-state defendant for out-of-state behavior. While the decision in…more

Commerce Clause, Federal Employers’ Liability Act (FELA), General Jurisdiction, Mallory v Norfolk Southern Railway Co, PA Supreme Court

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OSHA Reinforces COVID Guidelines for the Workplace

On January 29, 2021, the Occupational Safety and Health Administration (OSHA) updated its existing guidelines concerning coronavirus protection measures for the workplace. Focusing on the implementation of workplace protection…more

Anti-Retaliation Provisions, Coronavirus/COVID-19, General Duty Clause, Guidance Update, OSHA

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Ambiguity in Pennsylvania’s Statute of Repose Finally Cleared up by Superior Court

In an unpublished opinion from the Pennsylvania Superior Court handed down on August 31, 2023, a long-standing disagreement about the wording of Pennsylvania's Statute of Repose was finally resolved. In Pennsylvania, “a civil…more

Appeals, Construction Project, Damages, Discovery Rule, PA Supreme Court

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[Webinar] Lehigh Valley Labor & Employment Seminar - May 26th, 9:00 am - 12:00 pm EDT

Presenters will provide recent legal developments, trends and cases that impact workplace practices and operations; issues related to Covid will be incorporated throughout the presentations. Programming will be presented in…more

Continuing Legal Education, Coronavirus/COVID-19, Employee Handbooks, Employer Liability Issues, Employment Contract

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[Webinar] Lehigh Valley Labor & Employment Seminar - May 26th, 9:00 am - 12:00 pm EDT

Presenters will provide recent legal developments, trends and cases that impact workplace practices and operations; issues related to Covid will be incorporated throughout the presentations. Programming will be presented in…more

Continuing Legal Education, Coronavirus/COVID-19, Employee Handbooks, Employer Liability Issues, Employment Contract

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No Delay Damages Without Reciting the Notice-To-Defend Magic Spell

Pennsylvania law allows verdict winners in cases involving property damage, bodily injury, or death to request delay damages from the liable defendants. Delay damages are awarded for the period starting one year after initial…more

Bodily Injury, Damages, Property Damage, Rules of Civil Procedure, Trial Court Orders

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Supreme Court Endorses Broad Insurer Standing in Bankruptcy Reorganizations

The Supreme Court reversed the Fourth Circuit Court of Appeals in favor of insurance companies in a unanimous decision written by Justice Sotomayor. In short, the United States Supreme Court held today that insurers facing…more

Anti-Fraud Provisions, Asbestos, Bankruptcy Code, Chapter 11, Commercial Bankruptcy

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SCOTUS Decision on Autodialers Under TCPA Provides Handy Primer on Statutory Construction and Interpretation

To many, robocalls have become one of the more annoying aspects of modern communications. Last year, the United States Supreme Court noted that in 2019 the federal government received 3.7 million complaints about automated…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

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Confidentiality and Non-Disparagement Clauses in Severance Agreements Are Ruled Unlawful

On February 21, 2023, the National Labor Relations Board (the “Board”) released its decision in McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO (McLaren). In…more

Confidentiality Agreements, Contract Terms, NLRA, NLRB, Non-Disclosure Agreement

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NY Federal Court Refuses to Consider Extrinsic Evidence of an Insurer’s Claim Handling for a Different Policyholder

In Spandex House v. Hartford Fire Insurance Company, an insurer prevailed in a breach of contract and declaratory judgment action arising from an underlying suit against its insured, Spandex House Inc. In the underlying case,…more

Breach of Contract, Declaratory Judgments, Duty to Defend, Evidence, Insurance Litigation

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District Court Overturns Purdue Pharma’s Chapter 11 Plan and Related Releases of Sackler Family from Opioid Liability Claims

On December 16, 2021, Judge McMahon of the United States District Court for the Southern District of New York (District Court) issued her decision in In re: Purdue Pharma LP, overturning the bankruptcy judge’s confirmation of…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Mass Tort Litigation

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Second Circuit: Not a Party to an Assumed Unexpired Lease? No Cure Claim for You!

On April 10, 2023, the United States Court of Appeals for the Second Circuit (the “Court”) held that a non-party to an unexpired lease assumed by a debtor in bankruptcy was not entitled to assert a “cure claim” under section…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors

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A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating results…more

Carbon Emissions, Climate Change, Compliance, Corporate Governance, D&O Insurance

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Massachusetts Supreme Judicial Court Considers Whether University Is Prohibited from Reducing Compensation or Lab Space of Tenured Faculty Under Tenure Contracts

In Wortis v. Trustees of Tufts College, the Massachusetts Supreme Judicial Court (“Court”) held that a university’s agreement to provide academic freedom and economic security to tenured faculty in the tenure contract did not…more

AFTRA, Compensation, Educational Institutions, Laboratories, MA Supreme Judicial Court

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Don’t Spoil Me: Oklahoma District Court Rules Against Spoliation Sanctions

In Okla. Farm Bureau Mut. Ins. Co. v. Omega Flex, Inc., No. CIV-22-18-D, 2023 U.S. Dist. LEXIS 197755, the United States District Court for the Western District of Oklahoma (the District Court) determined spoliation sanctions…more

Demolition, Insurance Industry, Insurer Liability, Jurisdiction, Sanctions

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The 12 Days of Year-End Estate Planning

As the end of 2024 draws near, it’s a great time to review your finances and prepare for a prosperous new year. Whether you’re cozying up by the fire or decorating with family, a little year-end financial planning can help you…more

401k, 529 Plans, Beneficiary Designations, Estate Planning, Financial Planning

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NJ Supreme Court Declines to Review Decision that Exxon Has No Duty to Indemnify Insurers for Environmental Liability Under Prior Settlement Agreement

On November 1, 2021, in a single-sentence Order, the Supreme Court of New Jersey denied a request for review of a decision that ExxonMobil Corporation (Exxon) did not have to indemnify certain of its insurers over environmental…more

Appeals, Department of Environmental Protection, Duty to Indemnify, Environmental Liability, Exxon Mobil

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North Carolina Legalizes Online Sports Betting and Advance Deposit Wagering on Horse Racing

On June 14, 2023, Governor Roy Cooper signed House Bill 347 legalizing online sports wagering and advance deposit horse race wagering. The bill has moved through the legislative process in a little over three months…more

Gambling, Horse Racing, Licensing Rules, New Legislation, North Carolina

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Texas Court Halts NLRB’s Proposed New Joint-Employer Rule

On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented a…more

Chamber of Commerce, Employee Definition, Joint Employers, New Rules, NLRA

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Reinsurance Agreements and Initial Disclosures

A recent decision by a North Carolina federal court adds to a list of cases requiring insurance company defendants in coverage actions to produce reinsurance agreements as part of their initial disclosures under Federal Rule of…more

Disclosure Requirements, Federal Rules of Civil Procedure, Insurance Industry, Reinsurance, Reinsurance Agreements

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Nursing Homes and Long-Term Care Facilities: The Next Front Line

The novel coronavirus (COVID-19) took the world by storm, making its way across the globe at an unprecedented speed and forcing policymakers to take quick and aggressive measures in protecting the health and safety of the people…more

Coronavirus/COVID-19, Health Care Providers, Medicare, Nursing Homes, Public Health

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Religious Discrimination Claims Expected to Spike

In the newest episode of The Employment Law Counselor in collaboration with the Professional Liability Underwriting Society, Jeff is joined by Tanya Salgado, Partner, to discuss how religious discrimination and religious…more

Anti-Discrimination Policies, Anti-Harassment Policies, Employer Liability Issues, Employment Litigation, Employment Policies

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Philadelphia Enacts COVID-19 Whistleblower Protection Ordinance

The City of Philadelphia recently enacted an ordinance providing workplace protections for employees who refuse to work in unsafe conditions if they reasonably believe that their employer is violating a COVID-19 public health…more

Anti-Retaliation Provisions, Coronavirus/COVID-19, Safety Violations, Whistleblower Protection Policies, Whistleblowers

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Consent to General Jurisdiction by Registration Affirmed … But Only In Pennsylvania, and Perhaps Not For Long

In a much anticipated ruling, the U.S. Supreme Court vacated a Pennsylvania Supreme Court opinion that prohibited an out-of-state plaintiff from suing an out-of-state defendant for out-of-state behavior. While the decision in…more

Commerce Clause, Federal Employers’ Liability Act (FELA), General Jurisdiction, Mallory v Norfolk Southern Railway Co, PA Supreme Court

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New Jersey Court Pumps the Brakes on Product Liability Lawsuit

In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’…more

Causation, Evidence, Expert Testimony, Federal Rules of Evidence, Manufacturers

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New York Lawmakers Re-introduce Legislation to Impose Recording Tax on Mezzanine Loans and Preferred Equity Investments

New York State lawmakers have reintroduced proposals to impose a tax on the creation of mezzanine debt and preferred equity. Both the New York Senate and Assembly have put forward similar bills that would require both mezzanine…more

Borrowers, Debt, Equity Investors, Financial Statements, Mezzanine Lenders

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Product Manufacturers Beware: You May Be Subject to Jurisdiction in Massachusetts

Say you are a Floridian product manufacturer that does business in Massachusetts and you receive a Complaint filed in Massachusetts that alleges your product injured a Nova Scotian resident in Nova Scotia. You know that the only…more

Jurisdiction, Litigation Strategies, MA Supreme Judicial Court, Manufacturers

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SCOTUS Decision on Autodialers Under TCPA Provides Handy Primer on Statutory Construction and Interpretation

To many, robocalls have become one of the more annoying aspects of modern communications. Last year, the United States Supreme Court noted that in 2019 the federal government received 3.7 million complaints about automated…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

See all updates »

Insured Made Whole Doctrine: Texas and Washington

This episode of Subro Sessions, hosted by associates Zachariah Sigda and Katherine Dempsey, entitled, “Insured Made Whole Doctrine: Texas and Washington State,” dives into the topic of the made whole doctrine. Zachariah and…more

Insurance Claims, Insurance Industry, Insurance Litigation, Insurer Liability, Made Whole Doctrine

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Mental Anguish Claims and Punitive Damages in Delaware: Plaintiffs Must Do More Than Plead

The Delaware Superior Court reaffirmed that plaintiffs must prove that a substantial, ongoing physical symptom of a mental anguish is required to sustain a mental anguish claim. The recent case of Estate of Susan J. Moulder, et…more

DE Supreme Court, Delaware, Emotional Distress Damages, Punitive Damages, Summary Judgment

See all updates »

Massachusetts Supreme Judicial Court Strikes a Deathblow to Substantial Factor Causation in Most Cases; Is Asbestos Litigation Next?

In Doull v. Foster, the Massachusetts Supreme Judicial Court (SJC) addressed the proper causation standard in a medical malpractice case. In reaching this issue, the SJC reached far beyond the medical malpractice case before it…more

Causation, MA Supreme Judicial Court, Medical Malpractice, Professional Negligence, Substantial Factor Test

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California Clarifies Basis for Inverse Condemnation Claims

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available…more

Appeals, California, Damages, Inverse Condemnation, Liability

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Looming Hotel Bankruptcies Impact Loan Workouts

COVID-19 has been devastating for hotels and other businesses in the hospitality industry because of significant business closures and the elimination of recreational travel. Oxford Economics predicts 2.8 to 3.4 million jobs…more

Borrowers, Business Closures, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors

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Despite No Privity of Contract, Indiana Appellate Court Holds Additional Insured with UIM Claim May Sue for Bad Faith

Your friend invites you out to dinner. She offers to pick you up since your house is on the way. As you head toward the restaurant, your friend’s car is sideswiped by a driver who blew through a red light. You are seriously…more

Auto Insurance, Bad Faith, Car Accident, Covenant of Good Faith and Fair Dealing, Implied Consent

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Wage and Hour Issues Abound in 2024

In this episode of The Employment Law Counselor Hosted by Jeff Stewart, in collaboration with Professional Liability Underwriting Society, Jeff is joined by Victoria Fuller, Partner and Co-Chair of the Labor and Employment…more

Class Action, Class Certification, Employer Liability Issues, Employment Litigation, Employment Policies

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Considering the Juror Pandemic Lens – Seating a Jury

Experienced trial attorneys know that jurors are not interchangeable empty vessels. Each juror enters the jury box with a wide range of experiences, beliefs and attitudes, and may be more or less inclined toward reaching a fair…more

Bias, Coronavirus/COVID-19, Defense Strategies, Jury Selection, Jury Trial

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Top Developments – November 2022

SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings…more

Appeals, Climate Change, Coronavirus/COVID-19, Denial of Insurance Coverage, Duty to Defend

See all updates »

With a Roll of the Dice in Amtrust v. Vasquez, Nevada Workers’ Compensation Insurers Hit the Jackpot!

Doubling down on the often quoted phrase: “All is sunny in Workers’ Compensation Subrogation,” just last week, the Supreme Court of Nevada (Supreme Court) provided a huge win for workers’ compensation subrogation professionals. …more

Medical Malpractice, Nevada, Subrogation, Workers’ Compensation

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Philadelphia Delays 2025 Assessment Notices in Face of Billion Dollar Loss in Commercial Assessment Values

It is no secret that Philadelphia (the City), like many major cities, is facing record high commercial vacancy rates. This is problematic for the City as it is undergoing a citywide reassessment for real estate taxes. The lower…more

Commercial Leases, Commercial Tenants, Deadlines, Fair Market Value, Property Tax

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Corporate Transparency Act – FinCEN Narrows Scope of Reporting Requirements and Extends Deadline

In the latest twist in the ongoing Corporate Transparency Act (“CTA”) and beneficial ownership information (“BOI”) reporting requirements saga, news came from Washington on March 21, 2025, that the Financial Crimes Enforcement…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Final Rules, FinCEN

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New York Civil Practice Will Allow Unnotarized Affirmations Instead Of Affidavits

Notarized affidavits will not be required for court submissions starting in the new year. As of January 1, 2024, New York CPLR Rule 2106 is amended to permit that an affirmed statement can be used in a New York action instead…more

Affidavits, Commercial Litigation, CPLR, Health Care Providers, New York

See all updates »

New Laws Impacting Hiring and Promoting in New York City

New York City is following suit and joining other jurisdictions in the trend to create pay transparency. The new pay transparency law (New York City Pay Transparency Act or the law) amends the New York City Human Rights Law…more

Artificial Intelligence, Human Rights, Machine Learning, New York, Pay Transparency

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SDNY Revisits Rent Cap Calculations: a Pendulum Shift to the Time Approach

Among the Bankruptcy Code’s most powerful one-two punches, Section 365(a) allows a debtor to reject burdensome unexpired leases and Section 502(b)(6) caps the landlord’s resulting claim for rejection damages at “the rent…more

Bankruptcy Code, Debtors, Landlords, Real Estate Market, Rent Caps

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Top Developments – November 2022

SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings…more

Appeals, Climate Change, Coronavirus/COVID-19, Denial of Insurance Coverage, Duty to Defend

See all updates »

EEOC Guidance Provides Employers with a Roadmap for Effective Workplace Anti-Harassment Policies and Training

Last week, the Equal Employment Opportunity Commission (EEOC) published its updated guidance on harassment in the workplace (the “Guidance”) which provides a comprehensive resource on federal workplace harassment law. The…more

ADEA, Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Civil Rights Act

See all updates »

It’s “Personal”– An Expansion of What Qualifies As “Personal Information” Under Pennsylvania’s Data Breach Notification Law

In Pennsylvania, data breach notification is governed by the Breach of Personal Information Notification Act (“the Act”). Originally codified in 2005, the Act addresses the security of computerized data and the notification of…more

Data Breach, Health Insurance, Health Insurance Portability and Accountability Act (HIPAA), HITECH Act, Personal Information

See all updates »

New York State Enacts Small Business Truth in Lending Law

On December 23, 2020, New York Governor Andrew Cuomo signed into law Senate Bill S5470B (Small Business Truth in Lending Law), which imposes new requirements on certain providers of commercial financing. Aimed at protecting…more

Annual Percentage Rate (APR), Disclosure Requirements, Federal Trade Commission (FTC), Fees, Governor Cuomo

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Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

The Appellate Court of Maryland issued a reported opinion in a case construing an American Institute of Architects (“AIA”) A312 performance bond. In Wildewood Operating Company, LLC v. WRV Holdings, LLC, et al. 2023 Md. App…more

Appellate Courts, Indemnity, Maryland, Performance Bonds, Surety Bonds

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New Jersey – “Weeding” in the Garden State

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance and Market Place Modernization Act (the Act) that implements the legal sale of recreational marijuana approved by…more

Controlled Substances Act, Criminal Background Checks, Decriminalization of Marijuana, Governor Murphy, Licenses

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NJ Appellate Court Rules Investigative Documents Created in Compliance With the Patient Safety Act Are Protected

Under the Patient Safety Act (PSA), a health care facility’s incident and investigative reports are “absolutely privileged”, says the New Jersey Appellate Division. Earlier this month, the court held in Keyworth v. Careone at…more

Appellate Courts, Disclosure, Healthcare, Healthcare Facilities, Investigations

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Remote Trials Can Control Prejudgment Risk

While courts across the country are largely unavailable to litigants demanding a jury trial, pre-judgment interest rules present an increasing penalty risk to a defendant wanting its day in court and may not always make a…more

Bench Trial, Coronavirus/COVID-19, Interest Rates, Jury Trial, Pre-Judgment Interest

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A Look at What's to Come: Looming Changes to the Pennsylvania Statutory Liability Caps

Perhaps unsurprisingly for plaintiffs’ and defense attorneys who have been following the ongoing saga related to statutory damages caps, the Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA, 302 A.3d 1261 (Pa…more

Jurisdiction, Liability, PA Supreme Court, Pennsylvania

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Are Telehealth Laws Here to Stay? A Survey of Legislation in NJ, DE, NY, PA and MA

As COVID-19 vaccines continue to roll out across the county, there is uncertainty as to whether certain telehealth laws that significantly impacted healthcare providers, payors and patients during the public health emergency…more

Coronavirus/COVID-19, Delaware, Governor Baker, Governor Cuomo, Governor Wolf

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