Author Info for Goldberg Segalla

Ryan Allen

[Webinar] Construction Site Accidents: The Benefits of Collaborating Workers’ Compensation and General Liability Defense - July 16th, 9:00 am - 10:00 am PDT

For the best possible outcome in both cases, we encourage timely and active collaboration between workers’ compensation defense counsel and general liability defense counsel. Join Goldberg Segalla partner Ryan Allen to learn…more

Best Practices, Commercial General Liability Policies, Construction Accidents, Construction Industry, Construction Site

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Susan Allen-Robbins

NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

Jurisdiction: Supreme Court of New York, New York County - In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s…more

Asbestos, Asbestos Litigation, CPLR, Depositions, Motion for Summary Judgment

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Kenneth Alweis

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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Michael Appelbaum

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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John Archibald

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

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Chelsea Bellew

Florida Practice Tip: Using the 120-Day Pay and Investigate Rule to Your Advantage

Key Takeaways - Florida law requires an insurance company to accept or deny a workers’ compensation claim after they are reported within 14 days after an accident, or a Petition for Benefits is filed. The 120-day pay and…more

Clawbacks, Compensation, Florida, Insurance Industry, Investigations

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Caroline Berdzik

New York Employers Should Be Mindful of New Break and Leave Laws Affecting Pregnant and Nursing Employees

Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public and…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Earned Sick Time, Employee Rights, New York

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Jonathan Berkowitz

Mitigating Pressure Injury Exposure Through LEAF’s Innovative Wearable Sensor Technology

Healthcare facilities exposed to pressure injury litigation too often fail to defend patient malpractice claims because they cannot prove that caregivers provided reasonable turning and repositioning to prevent skin breakdown…more

Health Care Providers, Healthcare Facilities, Medical Devices, Nurses, Nursing Homes

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Jonathan Bernstein

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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Peter Biging

Recent Agent Breach of Contract Decisions of Note

As part of Goldberg Segalla’s commitment to client-focused service and ensuring you are kept apprised of the latest rulings and trends that could impact your profession, we would like to call your attention to two recent New…more

Appeals, Breach of Contract, Fire Damage, Fire Insurance, Insurance Industry

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Dustin Blumenthal

[Webinar] The Time-Limited, Policy-Limit Demand: A Legal and Practical Approach - February 28th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla partners Christian A. Cavallo and Dustin C. Blumenthal for an interactive webinar discussing practical and legal considerations for insurers presented with a time-limited demand that they pay their policy…more

Insurance Brokers, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Limits

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Emily Borg

Appellate Court's Liberal Ruling on Accident and Causation

KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not need…more

Appeals, Appellate Courts, Arbitration, Causation, Preexisting Conditions

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David Brown

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

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Jennifer Budner

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

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George Buermann

EPA Reopens Pandora’s Box with CERCLA Designations of PFOA & PFOS; Seeks to Minimize Apprehension with Enforcement Policy

As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response,…more

Airports, CERCLA, Contamination, Enforcement, Environmental Policies

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Haasty Burns

California Time-Limited Demand Statute to Take Effect Jan. 1, 2023

Key Takeaways - A new California statute governing claimants’ demands will take effect Jan. 1 mandating that an at-fault party’s liability insurer pay by a specific deadline the limits of its policy to settle claims against…more

Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance, Policy Terms

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Alexandra Bystritskaya

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

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Ashlyn Capote

[Webinar] Loading and Unloading Under GL and Auto Policies: 2023 - September 12th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla’s Ashlyn M. Capote and Adam R. Durst for an interactive webinar regarding how courts interpret the relationship between commercial general liability and business auto policies. Ashlyn and Adam will discuss…more

Auto Insurance, Automotive Industry, Car Accident, Commercial General Liability Policies, Duty to Defend

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Nicole Caspers

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In 1990,…more

Arbitration, Asbestos, Asbestos Litigation, Bodily Injury, Commercial Bankruptcy

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Christian Cavallo

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

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Cali Chandiramani

New York Employers Should Be Mindful of New Break and Leave Laws Affecting Pregnant and Nursing Employees

Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public and…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Earned Sick Time, Employee Rights, New York

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Frank Chang

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order…more

Attorney's Fees, Employer Liability Issues, Penalties, State Labor Laws, Workers Compensation Awards

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Keani Christian

Plaintiff Opposes and Succeeds on Defendant’s Motion for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County - Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any…more

Asbestos, Asbestos Litigation, Cancer, NY Supreme Court, Occupational Exposure

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Jack Cohen

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Laura Colca

What Small Businesses Should Know about Changes to the Corporate Transparency Act

Effective January 1, 2024 the Corporate Transparency Act requires small businesses with fewer than 20 employees to report their ownership information to the U.S. Department of Treasury Financial Crimes Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

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Jeremy Cole

New Jersey Update: Choice of Law Provisions and Arbitration Agreements in Employment Contracts

On February 26, 2024, the Appellate Division of the Superior Court of New Jersey affirmed the trial court’s decision in Aguirre v. CDL Last Mile Solutions, denying defendant CDL Last Mile’s motion to compel arbitration…more

Arbitration, Arbitration Agreements, Employment Contract, New Jersey

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Timothy Connolly III

New York’s Minimum Weekly Workers’ Comp Benefits to Increase Under New Law

Key Takeaway - The minimum weekly compensation for individuals receiving workers’ compensation benefits will soon increase under legislation signed by New York Gov. Kathy Hochul. Hikes in the minimum weekly compensation will…more

New York, Workers' Compensation Claim, Workers’ Compensation

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Karen Cullinane

Cryptomining Faces More Legislative Hurdles in US

As cryptocurrency has increased its notoriety in the US, so has its demands on the US electrical grid. Indeed, the US is witnessing a constantly proliferating number of cryptomining facilities, which are large spaces – often…more

Artificial Intelligence, Bitcoin Mining, Cryptocurrency, Electricity, Energy Information Association (EIA)

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Sarah Delaney

Wrongful Death Claim Dismissed in Case Involving Louisiana Statute of Limitations Rule

The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that a…more

Asbestos, Asbestos Litigation, LA Supreme Court, Vested Rights Doctrine, Wrongful Death

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Noah Dennison

Counsel Fee Increases From 20% to 25% on New Jersey Workers’ Compensation Cases

On August 22, 2024, New Jersey increased the available counsel fee for petitioner’s attorneys from 20% to 25%. The increase was signed into law by Acting Governor Nicholas Scutari. The applicable section of the Statute, N.J.S.A…more

Attorney's Fees, Compensation, Disability Benefits, New Jersey, Workers’ Compensation

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Frank DiSpirito

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

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Karen Saab-Dominguez

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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Timothy Dunbrack

[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and…more

Brokers, Chief Risk Officers (CRO), Mediation, Settlement Agreements, Settlement Negotiations

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Adam Durst

Louisiana Supreme Court Reopens Window Reviving Childhood Sexual Abuse Claims

On June 13, 2024, the Louisiana Supreme Court vacated its prior decision deeming the revival provisions of Section 2 of 2021 La. Acts 322 and Section 2 of 2022 La. Acts 386 unconstitutional, finding now that the legislature’s…more

Child Abuse, Deadlines, Due Process, LA Supreme Court, Louisiana

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Bruce Engel

[Webinar] Reinsurance 101: An Overview of Important Concepts - June 18th, 12:00 pm - 1:00 pm EDT

While reinsurance deals with some of the most complex risks in the insurance system, understanding reinsurance doesn’t have to be complex. Join Goldberg Segalla partners Bruce Engel and Larry Mason as they present an overview of…more

Dispute Resolution, Insurance Agents, Insurance Claims, Insurance Contracts, Insurance Industry

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Matthew Feinberg

Law Firm Facing Malpractice Lawsuit Arising Out of Alleged Bad Advice in White Collar Crypto Defense

FACTS OF THE UNDERLYING ACTION - On September 6, 2024 an action was commenced in New York State Supreme Court, New York County, on behalf of Steven Nerayoff, an attorney and alleged crypto founder, who, when working for the…more

Attorney Malpractice, Cryptocurrency, Cybersecurity, Hobbs Act, Initial Coin Offering (ICOs)

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Andrew Fluger

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Rosa Forrester

Evidence Preservation: Handling the Issues in New York and New Jersey

In New York and New Jersey, parties have certain duties to ensure preservation of evidence. Join Goldberg Segalla’s Rosa D. Forrester and Aaron M. VanNostrand for a discussion of when those duties are triggered, how to comply,…more

Data Preservation, Duty to Preserve, Evidence, Failure To Preserve, New Jersey

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Richard Galbo

Louisiana Supreme Court Reopens Window Reviving Childhood Sexual Abuse Claims

On June 13, 2024, the Louisiana Supreme Court vacated its prior decision deeming the revival provisions of Section 2 of 2021 La. Acts 322 and Section 2 of 2022 La. Acts 386 unconstitutional, finding now that the legislature’s…more

Child Abuse, Deadlines, Due Process, LA Supreme Court, Louisiana

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Susan Van Gelder

Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for Jurisdictional Discovery

State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued…more

Asbestos, Asbestos Litigation, Discovery, Jurisdiction, Mesothelioma

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Anthony C. Giletto

Update on Medical Marijuana Reimbursements in Pennsylvania

In 2023, there were several separate Commonwealth Court opinions that addressed payment of medical marijuana and CBD oil prescriptions per the PA Workers’ Compensation Act. On March 17, 2023, the court first issued opinions for…more

Cannabidiol (CBD) oil, Health Care Providers, Labor Law Violations, Medical Marijuana, Pennsylvania

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Brian Gilligan

New Jersey Supreme Court Issues New Opinion Clarifying “Authorized Vehicle Rule”

Key Takeaways - A November 21 decision by the New Jersey Supreme Court clarifying the authorized vehicle rule of the state’s Workers’ Compensation Act has implications for employers throughout New Jersey. The case involved…more

Car Accident, Employment Policies, Liability, NJ Supreme Court, Workers Compensation Act

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William Greagan

What Small Businesses Should Know about Changes to the Corporate Transparency Act

Effective January 1, 2024 the Corporate Transparency Act requires small businesses with fewer than 20 employees to report their ownership information to the U.S. Department of Treasury Financial Crimes Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

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Scott Green

New York Employers Should Be Mindful of New Break and Leave Laws Affecting Pregnant and Nursing Employees

Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public and…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Earned Sick Time, Employee Rights, New York

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Emilio Grillo

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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Damon Gruber

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

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Robert Hafner

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the…more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

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Michael Hamilton

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most…more

Additional Insured, Assault, Bad Faith, Battery, Commercial General Liability Policies

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Kyung Jae Han

Even with Unfavorable IME Opinions on Causal Relationships, Psychological Workplace Injuries May Be Not Compensable

Job stress is an unfortunate reality of being part of today’s workforce. The capacity for being able to deal with such stress varies from worker to worker, but whether that stress is the cause of someone’s psychological ‘injury’…more

Compensation, Independent Medical Review, Psychological Injuries, Stalking, Workers’ Compensation

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Robert Hanlon Jr.

How Much Is Too Much? Drinking, Drugs, and Trucking

“But I only had two beers.” “But it’s legal in this state.” “But my doctor prescribed it.” No. No. And maybe not. Those excuses don’t cut it when it comes to a truck driver failing a federally prescribed test for drugs or…more

Commercial Truck Drivers, Controlled Substances, Drug Testing, DUI, Opioid

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Christina Hassler

Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board

Key Takeaways - The NY Workers’ Compensation Board has announced new Medical Treatment Guidelines—including new Guidelines covering Complex Regional Pain Syndrome—become effective on May 2, 2022. The extensive Guidelines…more

Algorithms, Employer Liability Issues, New Guidance, Workers Compensation Board, Workers' Compensation Claim

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Colleen Hayes

[Webinar] How to Handle Multiple Claimants and Insureds with Insufficient Policy Limits - July 31st, 12:00 pm - 1:00 pm EDT

Questions arise when an insurer is faced with multiple claimants and insufficient policy limits to settle all claims. Join partners Colleen E. Hayes and Thomas M. Wester for a discussion of the approaches various jurisdictions…more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Interpleaders

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Christina Holdsworth

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of…more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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Sean Hvisdas

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most…more

Additional Insured, Assault, Bad Faith, Battery, Commercial General Liability Policies

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Stephen Jenkins

California Retains Jurisdiction Over Fossil Fuel Companies Named in Climate Change Lawsuits

The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these lawsuits…more

California, Climate Change, Consumer Protection Laws, Fossil Fuel, Greenhouse Gas Emissions

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Joseph Jones

[Webinar] Occupational Exposure/Repetitive Motion Claims – New Jersey and Beyond - May 16th, 1:30 pm - 2:30 pm EDT

Occupational exposure claims usually become litigated. Ever wonder what your attorney is doing to evaluate and investigate the case behind the scenes? Join us for a look into the law and how to best posture these workers’…more

New Jersey, Occupational Exposure, Webinars, Workers Compensation Awards, Workers' Compensation Claim

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Kerry Jones

Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

Court: Superior Court of Rhode Island, Providence - In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing (her…more

Asbestos, Asbestos Litigation, Daubert Standards, Occupational Exposure

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Todd Jones

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

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Evan King

NC Supreme Court Clarifies Requirements for Accessing Causality of Medical Treatment in Workers’ Compensation Cases

It is well established that under the North Carolina workers’ compensation law, the question of whether a specific medical treatment is compensable or not hinges largely on the causal relationship between the treatment sought…more

Appeals, NC Supreme Court, Workers' Compensation Claim

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Jeffrey Kingsley

Louisiana Supreme Court Reopens Window Reviving Childhood Sexual Abuse Claims

On June 13, 2024, the Louisiana Supreme Court vacated its prior decision deeming the revival provisions of Section 2 of 2021 La. Acts 322 and Section 2 of 2022 La. Acts 386 unconstitutional, finding now that the legislature’s…more

Child Abuse, Deadlines, Due Process, LA Supreme Court, Louisiana

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Daniel Klein

Everything Oiled is Sued Again

It has the origins of a great American Success Story – in 1886, in the midst of the Second Industrial Revolution, a vast reservoir of oil was found in Lima, Ohio, prompting legendary entrepreneur John D. Rockefeller to hire John…more

Department of Justice (DOJ), Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Oil Wells, Volatile Organic Compounds (VOC)

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Kelsey Knish

Heat-Related Illnesses under New Jersey Workers’ Compensation Law

With summer in full swing accompanied by record-high temperatures, employers should consider developing and implementing measures to mitigate the risk of employees developing heat-related illnesses while working outside…more

Employer Liability Issues, Health and Safety, Heat Exposure, New Jersey, Occupational Exposure

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Anna Kohut

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

Key Takeaways - Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on…more

Bodily Injury, Illinois, Negligence, New Legislation, Punitive Damages

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Elizabeth M. Lautenbach Adams

Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from…more

Asbestos, Asbestos Litigation, Manufacturers, Occupational Exposure, Summary Judgment

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Seth Laver

A Worrying Trend? Legal Malpractice Payouts Soar

Uh oh. Surveyed legal malpractice insurance carriers pointed to sympathetic jurors and aversion to trying cases as possible explanations for an “all-time high” in claims payouts despite similar year-over-year volume. According…more

Attorney Malpractice, Cryptocurrency, Malpractice Insurance, Price Inflation, Professional Liability

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Kris Lawrence

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

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Charles Lazo

Reminder: New York City Employer Obligations Set by the DCWP Now In Effect

As of July 1, employers in New York City have new obligations set forth by the NYC Department of Consumer and Worker Protection (DCWP). Employers are now required to distribute the “Know Your Rights” notice to all employees and…more

City of New York, Employee Rights, Noncompliance, Notice Requirements, Penalties

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David Leach

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Samantha Levasseur

Is a Workers’ Compensation Claimant Entitled to Temporary Total Indemnity Benefits after Retirement in Connecticut?

Key Takeaways - Under Conn. Gen. Stat. § 31-307 (a), in order for a claimant to be entitled to temporary total indemnity benefits, his injury must result in a total incapacity to work, defined as “the inability of the…more

Appeals, Indemnity Claim, Workers' Compensation Claim

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Abraham Leybengrub

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research…more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

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Christopher Lyon

Client Wins Dismissal after Legal Malpractice Claims Proven Insufficient

Stellar defense work by Goldberg Segalla partner Christopher F. Lyon secured in New York County Supreme Court the dismissal of a claim brought against our client in a legal malpractice action. The case was filed by a plaintiff…more

Ambulance Providers, Attorney Malpractice, Car Accident, Dismissals, Liability

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Jillian Madison

Cosmetic Talc Manufacturer Denied Motion for Summary Judgment Regarding Punitive Damages

Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 - Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others,…more

Asbestos, Asbestos Litigation, Motion for Summary Judgment, NY Supreme Court, Punitive Damages

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Danielle Malaty

Artificial Intelligence in the Legal Profession: Ethical Considerations

Artificial Intelligence is increasingly disrupting the litigation world. While it cannot replace the need for attorneys to exercise judgment, it can support data-driven decision making and transform legal research and writing…more

Artificial Intelligence, Compliance, Ethics, Legal Technology, Litigation Strategies

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Sarah Mangelsdorf

Big Tech’s Investment in Geothermal Energy Continues to Heat Up

On August 26, Sage Geosystems announced an agreement to supply Meta with 150 MW of geothermal power. Sage will use its proprietary Geopressured Geothermal System (GGS) to provide carbon-free power for Meta’s data centers. This…more

Artificial Intelligence, Big Tech, Data Centers, Department of Energy (DOE), Energy Sector

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Dorothy De Marinis

EPA Seeks Input from Small Businesses on Proposed Regulations for Drinking Water

Opportunity knocks for water treatment entities to provide their input on new regulations about to be rolled out by EPA that could either boost or harm their businesses. The Regulatory Flexibility Act requires EPA to establish a…more

Drinking Water, Environmental Protection Agency (EPA), Proposed Regulation, Regulatory Flexibility Act, Safe Drinking Water Act

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Jill Forman Marks

[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and…more

Brokers, Chief Risk Officers (CRO), Mediation, Settlement Agreements, Settlement Negotiations

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Larry Mason

U.S. Supreme Court Rejected Challenge to EPA Efforts to Curb Greenhouse Gas Emissions

On October 16, the U.S. Supreme Court rejected an attempt to block the implementation of the U.S. Environmental Protection Agency’s latest effort to curb greenhouse gas emissions (GHG) from power plants while the EPA is being…more

Applications, Carbon Capture and Sequestration, Environmental Protection Agency (EPA), Fossil Fuel, Greenhouse Gas Emissions

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Jeffrey Matty

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Christopher Maugans

New York Freedom of Information Law Amendment Mandates New Policy

New York’s Freedom of Information Law (FOIL) is the state version of the federal Freedom of Information Act, commonly referred to as FOIA. New York’s FOIL has experienced dramatic changes in recent years. As previously reported…more

Freedom of Information, New Amendments, New York

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Stephen Mazzara

NYSHRL’s Source of Income Discrimination Statute Unconstitutional

Key Takeaways - New York State Human Rights Law source-of-income anti-discrimination statute held as unconstitutional. People v. Commons W., LLC underscores the challenging balance between promoting equitable housing practices…more

Anti-Discrimination Policies, Housing Discrimination, Human Rights, New Amendments, New York

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Jamie McAleavey

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Paul McCormick

[Webinar] How to Defend a Workers’ Compensation Provider Dispute Brought in the No-Fault Arena - February 27th, 12:00 pm - 1:00 pm EST

Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation…more

Arbitration, Billing, Dispute Resolution, New York, Webinars

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Kelly McGee

[Webinar] Labor Law Update: Spring 2024 - April 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This…more

Appeals, Construction Industry, Construction Workers, Employer Liability Issues, Employment Litigation

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Sean McKinley

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity…more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

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Test Media

Employers in New York City Must Provide Salary Information in Job Ads Effective May 15

In its effort to achieve pay equity and transparency, the New York City Council passed an amendment to the New York City Human Rights Law (NYCHRL) to create Section 8-107(32). The amendment—which becomes effective on May 15,…more

Amended Legislation, Employer Liability Issues, Equal Pay, Hiring & Firing, Job Ads

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Nathan Milner

Rise of Transportation Contractors Leading to Complex Coverage Litigation

The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this economic…more

Complex Litigation, Contractors, Employee Definition, Gig Economy, Independent Contractors

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Joshua Milrad

Challenging Crypto Mining with Greenhouse Gas Limits

About two months ago, a New York Appeals Court reversed a lower court’s dismissal of the claims brought by two public service organizations in the matter of Clean Air Coalition of Western New York v. New York State Public…more

Air Pollution, Appeals, Cryptocurrency, Greenhouse Gas Emissions, Natural Gas-Fired Power Plants

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Thomas More Buckley

What Private Sector Employers Can Learn from the EEOC Annual Performance Report

Key Takeaways - The EEOC report released in March confirms that employee discrimination claims remain on the rise Early mediation and conciliation remain a top priority for the EEOC to resolve employer/employee issues…more

Annual Reports, Compliance, Corporate Counsel, Employer Liability Issues, Enforcement Priorities

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William Morrison

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that judges,…more

Attorney's Fees, Employer Liability Issues, Workers Compensation Board, Workers' Compensation Claim

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Colleen Murphy

[Webinar] Practical and Tactical Approach to Good Faith Claims Handling in the Current Bad Faith Environment - March 22nd, 12:00 pm - 1:00 pm EDT

Bad faith is a continuum and must be considered from claims stage to trial. Insurance law veterans Thomas F. Segalla and Colleen M. Murphy will help you understand tools and potential solutions to the challenges faced by claims…more

Bad Faith, Good Faith, Insurance Claims, Insurance Industry, Insurance Litigation

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Chloe Nowak

New York Employers Should Be Mindful of New Break and Leave Laws Affecting Pregnant and Nursing Employees

Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public and…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Earned Sick Time, Employee Rights, New York

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Joseph Oliva

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

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Zachary Oliva

[Webinar] Excess Insurance: A Basic Primer for Handling High-Value Exposures - May 16th, 12:00 pm - 1:00 pm EDT

Join Goldberg Segalla attorneys Zachary D. Oliva and Thomas M. Wester for a free interactive webinar as they discuss the duties and obligations of excess insurers when presented with high-value claims…more

Excess Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Esther Omoloyin

Fraud Doesn’t Pay in New York – August 2023 Update

An Overview of Recent Decisions Demonstrating the Board’s Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment showing our continued success…more

Compensation, Fraud, Lost Wages, Medical Bills, Medical Records

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Lisa Only

[Webinar] When and How to Tender a Claim - April 18th, 12:00 pm - 1:00 pm EDT

How can you realize the many benefits of tendering a claim in the most efficient, effective way possible? In this free, interactive webinar, Goldberg Segalla partners Sarah J. Delaney and Lisa M. Only will provide the tools you…more

Insurance Adjusters, Insurance Claims, Insurance Contracts, Insurance Industry, Insurance Litigation

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Dustin Osborne

Professional Employer Organizations See Rare Workers’ Compensation Coverage Win at New York Third Department

Key Takeaways - The New York Third Department for the first time found no coverage on the part of Professional Employer Organizations for a non-leased employee Professional Employer Organizations must continue to provide…more

Employer Liability Issues, New York, Workers Compensation Awards, Workers' Compensation Claim, Workers' Compensation Defense

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Endell Osuna

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Lauren Palermo

Form Filing Update: NY WCB Distinguishes Between TTD and PPD Benefits

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates Effective July 3, 2023, Forms C-25 and C-27 have been…more

Employer Liability Issues, Updated Forms, Workers Compensation Board, Workers' Compensation Claim, Workplace Injury

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John Parker

Motion for Final Approval of DuPont Class Settlement Granted

Background - An MDL was formed in South Carolina in 2018 to litigate allegations of PFAS contamination from the use of specific PFAS-containing Aqueous Film-Forming Foam (AFFF MDL). In the past year, two defendants — DuPont…more

Contaminated Properties, Drinking Water, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Anthony Perchiacca

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

Jurisdiction: United States District Court for the Eastern District of Louisiana - This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict…more

Asbestos, Asbestos Litigation, Compliance, Daubert Standards, Expert Testimony

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Reed Podell

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Cheryl Possenti

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the…more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

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Viktoriia Protsyk

Is a Workers’ Compensation Claimant Entitled to Temporary Total Indemnity Benefits after Retirement in Connecticut?

Key Takeaways - Under Conn. Gen. Stat. § 31-307 (a), in order for a claimant to be entitled to temporary total indemnity benefits, his injury must result in a total incapacity to work, defined as “the inability of the…more

Appeals, Indemnity Claim, Workers' Compensation Claim

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Jessica Reich

Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

Court: Supreme Court of New York, Albany County - Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos containing…more

Asbestos, Asbestos Litigation, Motion for Summary Judgment, NY Supreme Court, Occupational Exposure

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Peter Renstrom

Goldberg Segalla Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts

As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize the…more

Bodily Injury, Insurance Industry, Litigation Fees & Costs, Nuclear Power

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Michael Rigelsky

[Webinar] Don't Sleep on Workers' Compensation Immunity - November 16th, 12:00 pm - 1:00 pm ET

A single incident can generate a tort claim, a workers’ compensation claim, both, or neither. This webinar will help you identify the important questions you need to ask in order to defend your case, including whether the claim…more

Employer Liability Issues, Immunity, Webinars, Workers Compensation Awards, Workers' Compensation Claim

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Joshua Roberts

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order…more

Attorney's Fees, Employer Liability Issues, Penalties, State Labor Laws, Workers Compensation Awards

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Kristen Romano

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that judges,…more

Attorney's Fees, Employer Liability Issues, Workers Compensation Board, Workers' Compensation Claim

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Frank Rosenfield

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Joseph Ross

NJ Supreme Court: Contracts are King in Determining Whether Real Estate Agents are Employees or Independent Contractors

The Supreme Court of New Jersey issued a unanimous decision May 13, clarifying how the employment status of real estate salespersons associated with brokers should be determined. James Kennedy v. Weichert Realtors holds that…more

Appeals, Employees, Independent Contractors, NJ Supreme Court, Real Estate Market

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David Rutkowski

[Webinar] Cosmetic Talc Litigation: Recent Developments and Trends - August 7th, 12:00 pm - 1:00 pm EDT

With events in talc litigation happening on an almost daily basis, this is a must-see webinar exploring the most recent developments, major verdicts, and decisions in cosmetic talc litigation. Join attorneys from our Toxic Tort…more

Cancer, Cosmetics, Jury Verdicts, Toxic Chemicals, Toxic Exposure

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Jessica Saad

2023 Second Quarterly Asbestos Bankruptcy Trust Alert

Many bankruptcy trusts expanded their approved jobsite lists in the second quarter of 2023, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also…more

Asbestos, Class Action, Compensation, Punitive Damages

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Jennifer Santoro

Appellate Court's Liberal Ruling on Accident and Causation

KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not need…more

Appeals, Appellate Courts, Arbitration, Causation, Preexisting Conditions

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Jillian Saputelli

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

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Jonathan Schapp

Louisiana Supreme Court Reopens Window Reviving Childhood Sexual Abuse Claims

On June 13, 2024, the Louisiana Supreme Court vacated its prior decision deeming the revival provisions of Section 2 of 2021 La. Acts 322 and Section 2 of 2022 La. Acts 386 unconstitutional, finding now that the legislature’s…more

Child Abuse, Deadlines, Due Process, LA Supreme Court, Louisiana

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Emily Schierhorst

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Aaron Schiffrik

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

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Andrew Scholz

Waste Reduction Programs to Take on Climate Change

In 2015, California’s former governor Edmund Brown Jr. set methane emissions-reduction targets for the state. Senate Bill 1383 requires that California reduce organic waste disposal 75 percent by the year 2025. Although most…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Landfills, Methane

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Thomas Segalla

[Webinar] Practical and Tactical Approach to Good Faith Claims Handling in the Current Bad Faith Environment - March 22nd, 12:00 pm - 1:00 pm EDT

Bad faith is a continuum and must be considered from claims stage to trial. Insurance law veterans Thomas F. Segalla and Colleen M. Murphy will help you understand tools and potential solutions to the challenges faced by claims…more

Bad Faith, Good Faith, Insurance Claims, Insurance Industry, Insurance Litigation

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Allegra A. Sinclair

EEOC Continues to Shine Spotlight on Construction Industry

In a post last year, we discussed how examining the EEOC’s annual reports and Strategic Enforcement Plan could provide guidance as to how the agency intends to allocate its resources and enforcement efforts in the upcoming year…more

Anti-Discrimination Policies, Anti-Harassment Policies, Best Practices, Construction Industry, Employee Training

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James Specyal

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor…more

New York, State and Local Government

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Daniel Strick

Without Standing, Plaintiff Cannot Run to Court

The United States District Court for the District of New Jersey reiterated the importance of standing and reviewed its application to the Fair Debt Collection Practices Act in the matter of George v. Rushmore Serv. Ctr., LLC,…more

Credit Cards, Creditors, Debt Collection, Standing

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Kevin Sullivan

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary…more

Appellate Courts, Auto Insurance, Declaration, New Jersey

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Shannon Sullivan

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of…more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Todd Thacker

Betting on a power-industry glow-up, Big Tech goes nuclear to stop A.I.-driven energy meltdown

Artificial Intelligence is Big Tech’s newest toy. However, AI also requires massive amounts of energy to operate, which puts the industry’s climate commitments at risk. The sprawling data centers that Microsoft and other digital…more

Artificial Intelligence, Clean Power Plan, Climate Change, Data Centers, Energy Storage

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Chad Thompson

Appellate Court's Liberal Ruling on Accident and Causation

KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not need…more

Appeals, Appellate Courts, Arbitration, Causation, Preexisting Conditions

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Antonio Troese

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

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Matthew Trokenheim

Managing Your Company’s Risk of Copyright Infringement

In the Internet era, every firm has a risk of copyright infringement. Employees copy and paste photos from the internet or embed social media posts to the company’s website or into a press release or news article. Images stored…more

Copyright, Copyright Infringement, Fair Use, Intellectual Property Protection, Licenses

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Oliver Twaddell

EPA Proposes Addition of More PFAS and PFAS Categories to Toxic Release Inventory

As our blog has reported frequently, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says it is centered on three…more

Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, NDAA

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Theodore Ucinski III

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability…more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

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S. Philip Unwin

[Webinar] Medicare Tune Up: Boosting Efficiency and Minimizing Costs - August 8th, 12:00 pm - 1:00 pm EDT

As Medicare secondary payer penalties take effect this fall, find out what’s new, what’s on the horizon, and what to watch out for to avoid pitfalls. Join Goldberg Segalla partners Philip Unwin and Jennifer Santoro for a free…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Health Insurance, Insurance Agents, Insurance Claims

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Michael Urcuyo

Investigating Jurisdiction Defenses in Medical Provider Claims Concerning Construction Workers in New Jersey

Key Takeaways - New Jersey can exercise jurisdiction over a medical provider claim if they can exercise jurisdiction over the underlying claim. The New Jersey Appellate Division set forth six factors to determine whether…more

Construction Workers, Jurisdiction, New Jersey, Unions, Workplace Injury

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Regina Verzino

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or…more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

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Joseph Welter

Goldberg Segalla Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts

As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize the…more

Bodily Injury, Insurance Industry, Litigation Fees & Costs, Nuclear Power

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Thomas Wester

[Webinar] How to Handle Multiple Claimants and Insureds with Insufficient Policy Limits - July 31st, 12:00 pm - 1:00 pm EDT

Questions arise when an insurer is faced with multiple claimants and insufficient policy limits to settle all claims. Join partners Colleen E. Hayes and Thomas M. Wester for a discussion of the approaches various jurisdictions…more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Interpleaders

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Conor R. Wiggins

New Jersey Supreme Court Holds that Broad Non-Disparagement Clauses No Longer Permitted

Laws have been enacted throughout the United States in the wake of the #MeToo movement which have served to erode the confidentially and non-disparagement protections that settlement agreements typically provide employers…more

#MeToo, Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Employment Contract

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Jonathan Ziss

What Small Businesses Should Know about Changes to the Corporate Transparency Act

Effective January 1, 2024 the Corporate Transparency Act requires small businesses with fewer than 20 employees to report their ownership information to the U.S. Department of Treasury Financial Crimes Enforcement Network…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

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Ian Zolty

Not My Employee – How Professional Employment Organizations Can Protect Against Unnecessary Liability

During a recent court session, I witnessed a judge enter an order compelling a Professional Employment Organization (PEO) to pay benefits without prejudice for an employee who was in no way associated with the PEO, according to…more

Employer Liability Issues, Professional Employer Organization, State Labor Laws, Workers Compensation Board, Workers' Compensation Claim

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Courtney Zucker

NY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or Damage to Property

On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO) business interruption claim…more

Appeals, Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19

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