News & Of Interest

Wedding Venue Brings Federal Action Against Governor Cuomo Over 50 Person Limit (NY)

In an attempt to limit the transmission of COVID-19, Governor Cuomo issued a mandate limiting the amount of people allowed at a social or recreational gathering to no more than fifty (50) people. In response to this Order, on August 28, 2020, New York wedding venues field a federal class action lawsuit against Governor Cuomo and other state officials. In Bill & Ted’s Riviera, Inc.,...Read More

Pennsylvania Supreme Court Interprets Replacement Cost Coverage to Allow Deductions for GCOP Unless Insured Actually Repairs (PA)

The Pennsylvania Supreme court in Kurach v. Truck Insurance Exchange recently held that insurers are entitled to deduct General Contractor’s Overhead & Profit (GCOP) in a policy that provided Replacement Cost Coverage “unless and until the insureds undertook repairs of the damaged property, even though the services of a general contractor were reasonably likely to be needed to complete the...Read More

Insurer Benefits from New Jersey Appellate Division’s Reading of Assault and Battery Exclusion (NJ)

In Pickett v. Moore’s Lounge, the Appellate Division had to interpret an assault and battery exclusion set forth in a tavern’s CGL insurance policy. A patron of Moore’s had shot and killed Roger Pickett while at the tavern after a verbal fight. The Estate of Pickett filed a seven-count complaint against the tavern, including claims of wrongful death, a violation of a liquor statute, negligent...Read More

Recent Litigation Tracking Indicates Early Wins For Insurers In COVID Cases

Recent court decisions on “business interruption” coverage claims related to COVID-19 seem to be tentatively favoring insurers with respect to claims for lost income during the COVID-19 pandemic. Several jurisdictions have ruled for insurance companies, including state courts in California, Michigan and the District of Columbia, as well as in federal courts in Texas and California....Read More

Importance of “Backing Up” Claims in MVA Case (PA)

In Ruffin v. Desh United Corporation et al. plaintiff learned a lesson fit for an evidence course lecture after he appealed the trial court’s decision in his personal injury case. According to plaintiff, he was injured while crossing the street when defendant driver backed into Ruffin with his car. The other defendants in the matter are defendant’s employers. After defendants appealed an...Read More

CY Pres – Enforcing an Unsigned Settlement Release (PA)

The Western District of Pennsylvania recently determined that the absence of a signature did not void the underlying settlement agreement in a class action lawsuit.  In Abramson, et al. v. Agentra LLC, et al., the District Court granted the plaintiffs’ motion to enforce class action settlement after the parties reached an oral agreement and a Joint Status Report Regarding Class Action...Read More

NYPD’s Hot Pursuit Immunity Has Limitations (NY)

In Fuchs v. City of New York (2020 NY Slip Op 04382), the NYPD was involved in a high-speed pursuit of a suspect. The plaintiff was driving down a one-way street when the suspect turned the wrong way and collided with plaintiff’s vehicle. Plaintiff sued the police department for her injuries and the City of New York claimed a qualified exemption under VTL § 1104 which provides an exemption for...Read More

In Trademark Dispute over Engagement Rings, the Second Circuit Court of Appeals asks the Southern District of New York to Reconsider (NY)

In Tiffany and Company v. Costco Wholesale Corporation, the United Second Circuit Court of Appeals found a triable issue of fact as to whether Costco’s otherwise unbranded engagement rings identified as “Tiffany” rings by signs placed  at the point-of-sale infringed upon Tiffany’s trademark.  As part of its lawsuit, Tiffany alleged, that these point-of-sale signs constituted trademark...Read More