On February 14, 2019, Governor Cuomo signed the Child Victims Act into law in New York. The Child Victims Act increased the civil statute of limitations in child sex abuse case to when the victim reaches 55 years of age. The criminal statute of limitations was extended to 25 for misdemeanor offenses and 28 for felonies; prior to the Child Victims Act, the statute of limitations for child sex...Read More
On July 16, 2019, the Superior Court of Pennsylvania affirmed a trial court order which overruled the preliminary objections of HCR ManorCare, LLC which sought enforcement of an arbitration agreement in Herlan v. HCR-Manorcare. In February 2014, Herlan was in an automobile accident and sought treatment at HCR ManorCare. In March 2016, Herlan filed a lawsuit asserting a claim of negligence...Read More
The Appellate Division in New Jersey recently ruled that after a review of the facts, Comcast cannot be considered an additional insured under the policy it was seeking coverage, in Comcast v. Hanover-Insurance No. A-3245-17T4 (N.J. App. Ct. July 10, 2019).
A lawsuit was filed by an individual claiming injuries resulting from tripping over a temporary above-ground cable that JNET...Read More
On September 7, 2017, Equifax publicly announced that a cybersecurity data breach occurred in its systems from mid-May through July 2017, resulting in over one-hundred and forty-three million Americans with exposed credit-card information, Social Security numbers, and other sensitive personal information. A class action lawsuit asserting claims of negligence, breach of contract, unjust...Read More
In the wake of the high profile cyber attacks that crippled Philadelphia and Baltimore’s court systems and city government, New York State Court officials have been reluctant to provide its strategy to safeguard judicial computer systems.
Lucian Chalfen, a spokesman for the New York State Unified Court System provided very vague details regarding cyber-security measures taken since the...Read More
In LLoyds v. PSEG, the NJ appellate court considered whether a homeowner’s damages were limited to the cost of alternate shelter or whether the homeowner may seek additional damages based on a broader concept of inconvenience. The facts are as follows: a strong winter storm caused a high-voltage power line belonging to Public Service Electric and Gas (PSE&G) to fall and ignite fires in...Read More
With effect as of July 1, 2019, WCM is pleased to announce that Dana Purcaro has been promoted to the rank of counsel. Dana, who is based in WCM’s New York office, focuses her practice on defense of claims including complex general liability, New York’s Labor Law, premises liability, property damage and motor vehicle accident claims. Dana joined WCM in 2015, after gaining...Read More
On June 20, 2019, the Superior Court of Pennsylvania granted an interlocutory appeal filed by Republic Services Inc. and recognized the corporation’s privilege over communications solicited from its non-managerial employees by corporate counsel in preparation for trial. The decision also protected work product created by corporate counsel related to such communications. The case is titled...Read More
New York State, unlike most other States, has strict liability statutes that impose absolute liability onto a property owner or general contractor under certain circumstances when a laborer is injured on their premises.
Within that statute is an exemption carved out only for owners of one- or two- family homes who contract for, but do not control the work of the contractors. The purpose of...Read More
Pre-discovery motions for summary judgment are extraordinarily difficult to succeed on. Opposition to such a motion essentially writes itself. “Counsel’s argument is premature, as further discovery is likely to reveal unknown information, and discovery has not even commenced yet, et cetera, et cetera… And while McDonald’s pulled off a “Mcflurry” by succeeding...Read More