News & Events

Disrupting New York’s Labor Law (NY)

Labor Law 240, often referred to as the Scaffold Law, was passed in 1885 to enforce various safety protocols to prevent slips and falls for construction workers working at heights. Court rulings interpreting the Scaffold Law imposed little responsibility on injured employees, making it difficult for employers to cite comparative negligence to avoid liability. The Scaffold law, which creates an...Read More

WCM to Co-Host October 12 Product Recall Webinar

Total Recall: An In-Depth Look At Issues That Arise With Product Recall Policies Bill Johnstone and Matthew Hagan of Johnstone Partners, https://johnstone-partners.com/, and Bob Cosgrove and Colleen Hayes of Wade Clark Mulcahy, LLP, https://www.wcmlaw.com/, are pleased to invite you to a product recall webinar on Monday, October 12, 2020 at 11 a.m. EST. This webinar will take an in-depth look...Read More

Exclusion for Prior Dishonest Acts Can’t Scrap Coverage for Stolen Metal (PA)

In National Retail Systems Inc v. Markel Insurance Company, the Eastern District of Pennsylvania examined ambiguous language in an insurance coverage dispute arising out of employee theft. The federal judge held that an exclusion barring coverage for “prior dishonest acts” did not apply to cases of collusion where only one of the conspirators had a known history of dishonesty....Read More

City Defendants Win Summary Judgment on Trivial Defect Defense (NY)

In Acevedo v. City of Yonkers, the infant plaintiff was allegedly injured when he was playing basketball in the street in front of his home, located in Yonkers, and tripped and fell over a water valve cap that was recessed into the street. The family brought suit against the City of Yonkers. The defendants moved for summary judgment dismissing contending that they did not receive prior written...Read More

Defective Sidewalk – Do not look at Con Ed (NY)

In Curiel v. City of New York, the Supreme Court, New York County addressed whether the defendants – Con Edison, 1) owned the location where plaintiff allegedly fell, 2) cause or create the subject location and 3) that it was under a legal duty to repair the subject condition. The Supreme Court granted Con Edison’s motion for summary judgment to dismiss the complaint and all cross claims...Read More

Third Circuit Affirms Doctor’s Sexual Misconduct Is Not Within the Scope of His Employment, and Thus Not Covered Under Professional Liability Policy

The Third Circuit affirmed a New Jersey District Court’s ruling that there is no coverage for a doctor’s claim for coverage in an underlying sexual misconduct and medical malpractice lawsuit, affirming the well-established principle that an employee’s conduct outside the scope of employment prevents them from being an insured under the employer’s policy. Dr. Jonathan Fellus was employed as a...Read More

Our Remote Summer Associate Experience at WCM During COVID-19 

(The following post is a collaboration from our 6 Summer Associates for 2020, who, suffice it to say, received a very different WCM experience than we were all planning.   They all did a great job, and hopefully, learned a lot in this unique, remote environment.   Best of luck to Gina, Drew, Alex, Jessica, Daniel & Rebecca in their 3L year and beyond). When we accepted our offers to spend...Read More

WCM Obtains Dismissal of NJ Products Liability Lawsuit.

Partner Bob Cosgrove and Counsel Matt Care successfully obtained a with prejudice dismissal of a products liability lawsuit in federal court in Newark, New Jersey.  In the case of Elizabeth Kean, et al. v. Cedar Works, et al., the plaintiff alleged that, when she was a child, she fell from a defective swing set in her backyard onto her head.  She claimed that the fall caused a traumatic brain...Read More

WCM Victorious on Statute of Repose in PA Construction Defect Lawsuit.

WCM Partner Bob Cosgrove and Philadelphia associate Zhanna Dubinsky won a motion for judgment on the pleadings in the Pennsylvania Court of Common Pleas, Chester County. In John Adams, et al. v. Wilkinson Enterprises, Inc., et al., the plaintiffs were the owners of luxury homes in the Chester County, Pennsylvania area who had purchased their new homes in 2003 and 2004.  The plaintiffs alleged...Read More

SDNY To Decide Whether Time Magazine Entitled to Indemnification for Consumer-Protection Violations

While the Covid-19 pandemic remains the focus of the insurance industry, with potentially billions of dollars at stake, other litigation continues to shape the coverage landscape.  One of these interesting cases is Time, Inc., et. al v. Mutual Insurance Company Limited, where the Southern District of New York is set to decide whether Mutual Insurance Company is liable for over $7 million in...Read More