Wade Clark Mulcahy LLP

Filter by: Filter by: England Law Clerk Long Island Florida New Jersey Paralegal New York Pennsylvania Filter Helene E. Dalmanieras Paralegal Eileen McGlyn Paralegal Michelle B. Gonsoulin Chief Operating Officer Jenny Rajkowski Paralegal Shonette K. Greene Law Clerk Mark Turner Market Representative Alexandra McShane, Pa.C.P. Litigation Paralegal Rachel A. Wade Director of Human Resources Professional Staff

Wade Clark Mulcahy LLP attorneys represent clients who rely upon our success as advocates and our practical, results oriented advice and recognized expertise as trial and appellate lawyers across a broad spectrum of insurance, commercial and coverage matters. While we practice from our offices in New York City, New Jersey, Pennsylvania and Long Island, our clients regularly call upon us to manage risk in jurisdictions across the country. Our growth has been driven by client referrals. Results Speak for Themselves We are litigators who think practically not abstractly. We are trial lawyers who understand coverage and coverage lawyers who try cases. We are advisors who help you manage your risk. PRACTICE AREAS Our Practice Areas Retail & Hospitality Dram Shop Commercial Auto & Trucking Products Liability Cybersecurity & Data Privacy Premises Liability Insurance Coverage Fraud Investigation and Prosecution First Party Property Fine Art and Specie Employment Law Education and Not for Profit Law Construction Litigation Commercial Litigation Casualty Defense Appellate Subrogation and Recovery Sports and Recreational Liability Professional Liability Retail & Hospitality Dram Shop Commercial Auto & Trucking Products Liability Cybersecurity & Data Privacy Premises Liability Insurance Coverage Fraud Investigation and Prosecution First Party Property Fine Art and Specie Employment Law Education and Not for Profit Law Construction Litigation Commercial Litigation Casualty Defense Appellate Subrogation and Recovery Sports and Recreational Liability Professional Liability OUR VISION What sets Wade Clark Mulcahy apart Wade Clark Mulcahy LLP attorneys represent clients who rely upon our success as advocates and our practical, results oriented advice and recognized expertise as trial and appellate lawyers across a broad spectrum of insurance, commercial and coverage matters. While we practice from our offices in New York City, New Jersey, Pennsylvania, Long Island, Florida, Louisiana, and Texas, our clients regularly call upon us to manage risk in jurisdictions across the country. Our growth has been driven by client referrals. ATTORNEYS Latest News New Jersey Court Grants Summary Judgment in Medical Malpractice Action Based on Untimely Expert Disclosures Experienced Parter Scott A. Lazar Joins Wade Clark Mulcahy LLP’s New Jersey Office First Department Affirms Major Coverage Ruling for Specie Market, Holding the “Unattended Vehicle” Exclusion Applies to Goods on Consignment New York's Highest Court Affirms WCM's Victory Regarding Tenders in Public Sidewalk Cases First Department Reaffirms Litigants’ Right to Move Without Prior Judicial Approval WCM Selected as Law Firm of the Year by Pennsylvania Defense Institute First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia Jason Laicha Promoted to Senior Associate Mike Bono to Present at IFASIC Conference in Budapest WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property How “Serious”’ Means Serious Injury Even Though He Couldn’t See, it’s Defendant’s Fault Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Cards Against Humanity Sues SpaceX Over Texas Trespass No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City What is Considered Adequate Inspection Of An Establishment? New Jersey Court Grants Summary Judgment in Medical Malpractice Action Based on Untimely Expert Disclosures Experienced Parter Scott A. Lazar Joins Wade Clark Mulcahy LLP’s New Jersey Office First Department Affirms Major Coverage Ruling for Specie Market, Holding the “Unattended Vehicle” Exclusion Applies to Goods on Consignment New York's Highest Court Affirms WCM's Victory Regarding Tenders in Public Sidewalk Cases First Department Reaffirms Litigants’ Right to Move Without Prior Judicial Approval WCM Selected as Law Firm of the Year by Pennsylvania Defense Institute First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia Jason Laicha Promoted to Senior Associate Mike Bono to Present at IFASIC Conference in Budapest WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property How “Serious”’ Means Serious Injury Even Though He Couldn’t See, it’s Defendant’s Fault Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Cards Against Humanity Sues SpaceX Over Texas Trespass No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City What is Considered Adequate Inspection Of An Establishment?

Filter by: Filter by: Filter Pennsylvania Florida Louisiana Texas Attorneys Partner Associate Counsel Of Counsel Jonathan H. Adams Counsel Admitted LA Abed Z. Bhuyan Partner Admitted NY Harris D. Bresowsky Associate Admitted in NY Georgia Coats Partner Admitted NY D.J. Dawson Partner Admitted PA Hannah M. Garber Associate Admitted in PA William A. Healy IV Counsel Admitted NY Nishall N. Jairam Counsel Admitted FL, NY Zachary Lawrence Associate Attorney Admitted in NY Marc D. Mory Counsel Admitted NJ, NY Nicholas A. Ozorowski Associate Admitted PA Christopher Roppolo Associate Admitted NY, PA Dennis M. Wade Partner Admitted PA, NY, NJ Patrick J. Argento Counsel Admitted NY Teresa G. Bohne Partner Admitted TX Nicole Y. Brown Managing Partner Admitted NY, NJ Ashley R. Corcoran Associate Admitted in NJ, NY Chynna S. Demas Associate Admitted LA, AL, TN , NY Chip M-P George Of Counsel Admitted FL Simone N. Henderson Associate Admitted in PA Jennifer Corbett Kerrick Associate Admitted PA Scott A. Lazar Partner Admitted NJ, NY Caroline G. Nelson Associate Admitted NJ, NY, PA Sarah Polacek Senior Associate Admitted PA, NJ James W. Scott Jr. Partner Admitted PA, NJ Emily C. Walpole Of Counsel Admitted NY Gina M. Arnedos Partner Admitted NY Garrett Bolton Associate Admitted in NJ Clay Brown Associate Admitted NY, KY Robert J. Cosgrove Executive Partner Admitted NY, NJ, PA James D. Dudley Associate Admitted in PA Brian Gibbons Partner Admitted NY Ryan Hunsicker Senior Associate Admitted PA, NJ Jordan Korb Associate Admitted NY Pablo O. Madriz Counsel Admitted NY, CA Brian T. Noel Partner Admitted NY, PA, NJ Alexander Rabhan Senior Associate Admitted NY Corey Stein Associate Admitted NY Jessica Whelan Associate Admitted PA E. Alexis Bevis Partner Admitted LA Michael A. Bono Executive Partner Admitted NY, NJ, PA Joseph A. Capone Associate Attorney Admitted NJ, NY Maria E. Dalmanieras Partner Admitted FL Charles N. Frank Associate Admitted in PA Laina T. Goldwin Associate Admitted in PA, NJ Elizabeth A. Isser Counsel Admitted NJ & NY Jason Laicha Counsel Admitted PA, NY Taylor Mitarotonda Senior Associate Admitted NY Janette Nweme-Singley Associate Admitted NY Peter R. Restani Partner Admitted FL Anand P. Tayal Associate Admitted PA, NJ New York New Jersey Long Island England

Dennis M. Wade Partner New York dwade@wcmlaw.com +1 212 267 1900 Professional Experience Dennis M. Wade has litigated headline-worthy cases in state and federal courts across the country and in international forums around the world for more than four decades. A skilled trial and appellate lawyer, Dennis handles complex commercial and insurance law defense matters, in particular, high-exposure casualty cases, complicated insurance coverage disputes, and the defense of errors and omissions and professional liability claims. Dennis handles fine art and in specie matters for both domestic and international insurers, including a recent notable case in which he successfully defended a major art insurer against a $42 million claim, from judgment in the trial court through appeals to New York’s Appellate Division and the Court of Appeals (the state high court) and ultimately to the United States Supreme Court. Over the past 20 years, he has helped recover stolen art and diamonds throughout the United States and has collaborated with counsel to achieve recoveries in Europe and elsewhere around the world. Because of his background and experience, clients frequently call on him to investigate and advise them in matters involving suspected fraudulent activity. Dennis has been a trial lawyer his entire career. He served for nearly seven years with the Manhattan District Attorney’s Office, including as Deputy Chief, Rackets Bureau, where he investigated and prosecuted organized crime cases involving high-level members of New York’s Gambino and Bonanno crime families, violent felons from gangs such as The Ghost Shadows and Flying Dragons, and corrupt public officials. He entered private practice as a name partner in a midsize Manhattan firm, handling a diverse range of defense litigation. The matters Dennis handles are often sophisticated and multifaceted, and his strength as an advocate lies in his keen ability to make the complex simple and understandable. A master of clear and compelling storytelling — a skill he attributes not to his time practicing law but to his study of Shakespeare — Dennis’s direct and practiced approach enables him to clearly and persuasively convey the facts and issues at the heart of disputes to clients, judges, juries and adversaries. His successes on behalf of clients are as much a result of his persuasive advocacy as they are due to his abiding belief that clients are critical partners in a common endeavor — charting the best path to an optimal outcome — and that the strategy of a case should be a cooperative effort. With the other named partners, Dennis founded WCM in 1994 to provide all the firm’s clients with this kind of personal and collaborative representation. Dennis has been called on to appear as an expert witness on points of American insurance law in the High Court of England and Wales. He also lectures frequently on insurance topics, including “The Art of Insuring Art” and “Art at Risk,” as well as on trial strategy and techniques, and has published extensively on topics such as settling damage claims, bad faith rulings and examinations under oath. Select Representations Successfully defended a major art insurer against a $42 million claim in a case that ultimately went to the United States Supreme Court. Successfully defended Lloyd’s of London underwriters, through summary judgment and on appeal, against a $2 million claim under a jeweler’s block policy based on the dishonest entrustment exclusion, where the insured, a high-end Manhattan jeweler, had been duped into “renting out” the pieces for a fictitious Jennifer Lopez video shoot in a wide-ranging scam orchestrated by a member of the Gambino crime family posing as a Sony Pictures representative. Successfully unmasked fraudulent insurance schemes across the country for domestic and international insurers, including arson-for-profit, bogus diamond and precious jewelry losses, and other scams involving real and insured personal property. Successfully tried, mediated or otherwise resolved scores of fine art and collectible disputes involving iconic works ranging from Old Masters and Picasso to Warhol and Basquiat. Honors and Distinctions Fordham University School of Law Editor in Chief, Moot Court Board Hobart College Magna cum laude Phi Beta Kappa Boswell and Crawford prizes for scholarship in the humanities Elected to membership in the Federation of Defense and Corporate Counsel (FDCC) Selected to the list of AV Preeminent Lawyers by Martindale-Hubbell. (A description of the selection methodology can be found at www.martindale.com/ratings-and-reviews/ . No aspect of this advertisement has been approved by the Supreme Court of New Jersey.) Professional Activities New York City Bar Association, Civil Trial Section, faculty member Defense Research Institute, First Party Insurance Committee, faculty member American Bar Association, Tort and Insurance Committees New York State Bar Association, Tort and Insurance Committees New Jersey State Bar Association, Tort and Insurance Committees Federation of Defense and Corporate Counsel, elected member Council on Litigation Management The National Arts Club The Armadillo Club Publications The Art of Insuring Art: Federal Bar Association Art & Litigation Conference. February 6, 2020 The Multi-Faceted Examination Under Oath: New York State Bar Association Coverage Update (with co-author Michael Gauvin). Spring, 2019 Art at Risk: John’s University Center for Executive Education. Dennis lectured on the legal aspects of Fine Art Claims. May 16, 2019 The Business of Art Observed: New York’s Roosevelt Hotel. Dennis lectured on insurance and risk management issues in today’s competitive art world. May 21, 2019 Money, Power, Beauty: The Value of Art: Federal Bar Association Art Law and Litigation Seminar, Miami, Florida, 2017 The Poison Pill? Settling Damage Claims Involving Living Artists (co-author Michael A. Bono): International Fine Art and Specie Conference. Rome, Italy, 2017 Recent Developments in First and Third Party Bad Faith Rulings (New York State Bar Association May 2017 Seminar: Updates and Hot Trending Topics Affecting Insurance Coverage) (co-author Michael Gauvin) CounterPoint: Pennsylvania Defense Institute: Assault on the Citadel of Privilege (with co-author Colleen E. Hayes). February 2017 9th Annual Art Litigation and Dispute Resolution Practice Institute: The Collision Between Art & Insurance Law—And A Word About VARA’s Impact on the Collision. November, 2016 International Fine Art and Specie Conference, Athens, Greece, 2016, Workshop: Guilt, Innocence and Coverage under JB policies (Co-presenter: Michael Bono). Some thoughts on the Art of Persuasion: Aristotle to Steve Jobs: 2016 (Georgetown University, Leadership Development Program). Insurance Issues in Art Law: (Fordham University School of Law). 2016 How Using A Professional Engineer Can Help You Win: (New York State Bar Association: 2016 Law School for Insurance Professionals—September 2016) (co-author with Daniel Beatty). Attorney Client Privilege Under Attack: (Philadelphia Association of Defense Counsel: December 2015) (Co-Author Colleen Hayes) Deposition Boot Camp: Dennis recently served as faculty member at a program sponsored by the Federation of Defense & Corporate Counsel designed to hone the deposition skills of young lawyers. Dennis focused on the examination of plaintiffs and expert witnesses. November 2014. International Fine Arts and Specie Conference, Malta, 2014: Workshop: Getting It Back: The Challenges of Recovering Stolen Property – – United States v. European Union (Co-Presenter: Giando Boglione). Assault on the Citadel of Privilege: Bad Facts Make Really Bad Law (New York State Bar Association Seminar: 2014 Law School for Insurance Professionals) (Co-Author: Michael Gauvin). MARKET BRIEFING: Sandy’s Impact on Fine Art and Property Insurers – IUA Event: London – November 2013 (co-author with Michael Bono). Liability for Sporting and Recreational Activities: A Balancing Act (New York State Bar Association Seminar: Premises Liability – What You Need to Know in New York, March 2015) (co-author with Alison Weintraub). A Carnival for the Skeptic: Using Social Media In Claim And Defense Litigation – (The New York State Bar Association Seminar: 2013 Law School for Insurance Professionals – October 2013) (co-author with Michael Gauvin). UNCHARTED WATERS: Coverage Litigation After SuperStorm Sandy – (The New York State Bar Association Seminar: Advanced Insurance Coverage: Hot Topics, Touch Issues and a Look Ahead – May 2013 (co-author Steven M. Kaye, Jr). The Examination Before Trial – Honing your Deposition Skills in Tort and Personal Injury Cases (New York State Bar Association, May 2012, Program Chair). What Fine Art Insurers Really Need to Know About The Visual Artists Rights Act (VARA) (co-author with Michael A. Bono). The Anatomy of a Bust Out: The Implications of Bankruptcy and Bankruptcy Fraud for Property, Fine Art and Specie Insurers (International Underwriting Association, London, England, November 2011 – co-author with Michael A. Bono). Liability for Sporting and Recreational Activities: A Balancing Act (New York State Bar Association Seminar: Premises Liability – What You Need to Know in New York, April 2011) (co-author with Alison Weintraub). Recent Landmark Insurance Decisions: A Guided Tour (New York State Bar Association Seminar: 2010 Law School for Insurance Professionals – More than the Basics, September 2010). Into the Serbonian Bog: A Consideration of Extra-Contractual Damages Under Bad Faith Theories in First Party Litigation (New York State Bar Association Seminar: 2010 Insurance Coverage Update: Insurance Coverage Issues in the Commercial General Liability Policy – Emerging Issues for the Next Decade, June 2010). Mediation for the Casualty Adjuster (Liability Insurance Research Bureau, San Antonio, TX March 2010). Defending Underwriters, Claim Professionals and Brokers in US Coverage Litigation (International Underwriting Association, London, England, November 2009) (co-author with Michael A. Bono). The Anatomy of a Premises Case (New York State Bar Association: Claims University, October 2009). Transferring Risk: The Interplay Between Contractual Indemnity Agreements and Additional Insured Coverage (New York State Bar Association Seminar: Additional Insured Coverage: Hot Topics & Critical Issues for 2009, May 2009). Getting it Back: Recovering Stolen Property in the United States (International Underwriting Association, October 2008) (co-author with Michael A. Bono). The Employee Exclusion in a Contractor’s CGL Policy and Related Limiting Endorsements (New York State Bar Association Spring Coverage Seminar, May 2008). Behind the Curtain: An Insider’s Guide to Mediation (Liability Insurance Research Bureau, Seattle, WA April 2008). Defending the Insurance Professional in Coverage and Bad Faith Litigation (International Underwriting Association, December 2006). The Intellectual Property Claim: A Strategic Approach To Analyzing Coverage And Defense Issues (Liability Insurance Research Bureau, April 2007). Into the Vortex – New Duty for Insurance Defense Counsel?, 237 N.Y.L.J. 61 (2007) (co-author with David F. Tavella). The World After ”Pecker”: A Case of Unintended Consequences, 236 N.Y.L.J. 36 (2006) (co-author with David F. Tavella). No-Prejudice Rule Lives (Apparently), 232 N.Y.L.J. 115 (2004) (co-author with David F. Tavella). The Emerging Doctrine of Contractual Contribution, 228 N.Y.L.J. 98 (2002) (co-author with David F. Tavella). Brokers and Agents are not “Professionals,” 226 N.Y.L.J. 52 (2001) (co-author with David F. Tavella). The Direct Examination of the Lay and Expert Witness, in A Guide to Civil Trials in New York State Supreme Court (Association of the Bar of the City of New York) (1999). The Many-Faceted Examination Under Oath, Defense Research Institute (Spring 1999). News I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education J.D. Fordham University B.A. Hobart College, magna cum laude Bar Admissions Pennsylvania New York New Jersey Court Admissions Southern District of New York Eastern District of New York Western District of New York Northern District of New York District of New Jersey Eastern District of Pennsylvania United States Court of Appeals, Second Circuit United States Court of Appeals, Third Circuit United States Supreme Court

Filter by: Filter by: Partner New York Pennsylvania Counsel New Jersey Florida Paralegal Operations Of Counsel Associate Long Island Louisiana England Texas Filter Law Clerk Jonathan H. Adams Jonathan H. Adams Counsel Admitted LA Abed Z. Bhuyan Abed Z. Bhuyan Partner Admitted NY Harris D. Bresowsky Harris D. Bresowsky Associate Admitted in NY Georgia Coats Georgia Coats Partner Admitted NY Helene E. Dalmanieras Helene E. Dalmanieras Paralegal Charles N. Frank Charles N. Frank Associate Admitted in PA Laina T. Goldwin Laina T. Goldwin Associate Admitted in PA, NJ Simone N. Henderson Simone N. Henderson Associate Admitted in PA Jennifer Corbett Kerrick Jennifer Corbett Kerrick Associate Admitted PA Scott A. Lazar Scott A. Lazar Partner Admitted NJ, NY Taylor Mitarotonda Taylor Mitarotonda Senior Associate Admitted NY Janette Nweme-Singley Janette Nweme-Singley Associate Admitted NY Jenny Rajkowski Jenny Rajkowski Paralegal Corey Stein Corey Stein Associate Admitted NY Dennis M. Wade Dennis M. Wade Partner Admitted PA, NY, NJ Patrick J. Argento Patrick J. Argento Counsel Admitted NY Teresa G. Bohne Teresa G. Bohne Partner Admitted TX Nicole Y. Brown Nicole Y. Brown Managing Partner Admitted NY, NJ Ashley R. Corcoran Ashley R. Corcoran Associate Admitted in NJ, NY D.J. Dawson D.J. Dawson Partner Admitted PA Hannah M. Garber Hannah M. Garber Associate Admitted in PA Michelle B. Gonsoulin Michelle B. Gonsoulin Chief Operating Officer Ryan Hunsicker Ryan Hunsicker Senior Associate Admitted PA, NJ Jordan Korb Jordan Korb Associate Admitted NY Alexandra McShane, Pa.C.P. Alexandra McShane, Pa.C.P. Litigation Paralegal Marc D. Mory Marc D. Mory Counsel Admitted NJ, NY Nicholas A. Ozorowski Nicholas A. Ozorowski Associate Admitted PA Peter R. Restani Peter R. Restani Partner Admitted FL Anand P. Tayal Anand P. Tayal Associate Admitted PA, NJ Emily C. Walpole Emily C. Walpole Of Counsel Admitted NY Gina M. Arnedos Gina M. Arnedos Partner Admitted NY Garrett Bolton Garrett Bolton Associate Admitted in NJ Clay Brown Clay Brown Associate Admitted NY, KY Robert J. Cosgrove Robert J. Cosgrove Executive Partner Admitted NY, NJ, PA Chynna S. Demas Chynna S. Demas Associate Admitted LA, AL, TN , NY Chip M-P George Chip M-P George Of Counsel Admitted FL Shonette K. Greene Shonette K. Greene Law Clerk Elizabeth A. Isser Elizabeth A. Isser Counsel Admitted NJ & NY Jason Laicha Jason Laicha Counsel Admitted PA, NY Pablo O. Madriz Pablo O. Madriz Counsel Admitted NY, CA Caroline G. Nelson Caroline G. Nelson Associate Admitted NJ, NY, PA Sarah Polacek Sarah Polacek Senior Associate Admitted PA, NJ Christopher Roppolo Christopher Roppolo Associate Admitted NY, PA Mark Turner Mark Turner Market Representative Jessica Whelan Jessica Whelan Associate Admitted PA E. Alexis Bevis E. Alexis Bevis Partner Admitted LA Michael A. Bono Michael A. Bono Executive Partner Admitted NY, NJ, PA Joseph A. Capone Joseph A. Capone Associate Attorney Admitted NJ, NY Maria E. Dalmanieras Maria E. Dalmanieras Partner Admitted FL James D. Dudley James D. Dudley Associate Admitted in PA Brian Gibbons Brian Gibbons Partner Admitted NY William A. Healy IV William A. Healy IV Counsel Admitted NY Nishall N. Jairam Nishall N. Jairam Counsel Admitted FL, NY Zachary Lawrence Zachary Lawrence Associate Attorney Admitted in NY Eileen McGlyn Eileen McGlyn Paralegal Brian T. Noel Brian T. Noel Partner Admitted NY, PA, NJ Alexander Rabhan Alexander Rabhan Senior Associate Admitted NY James W. Scott Jr. James W. Scott Jr. Partner Admitted PA, NJ Rachel A. Wade Rachel A. Wade Director of Human Resources Team Members

News Reality or Wishful Thinking: Is the Admitted Market About to Get Hammered? February 15, 2011 < Back Share to: The softness of the current insurance market has impacted everyone. One specific way in which it has impacted the E&S market is that admitted carriers (to increase premium intake) have underwritten risks that usually reverted to the E&S market. Some professionals believe that the worm is about to turn as the admitted carriers flee the newly written risks because of bad loss ratios -- http://www.insurancejournal.com/news/national/2011/02/10/184165.htm. The question is -- when? And to that question, no-one knows the answer. For more information about this post, please contact Bob Cosgrove at rcosgrove@wcmlaw.com . Previous Next Contact

News SDNY: Suit Alleging Christie’s Misidentification of da Vinci Work Time Barred February 12, 2011 < Back Share to: While the art world is riddled with forgeries and stolen works or art, some dealers may also have to be mindful of the reputable auction houses which display their collections. Last week, District Judge John Koetl of the Southern District of New York, dismissed as time barred an action by Jeanne Marchig, and her charitable trust, against Christie’s -- http://www.courthousenews.com/2011/02/02/DaVinci.pdf The suit alleged that Christie's negligently failed to identify her piece of art as a valuable drawing done by Leonardo da Vinci. The relevant facts are as follows. Jeanne Marchig approached the London location of the famed auction house seeking to consign and auction off a drawing she believed was composed by a late-Renaissance Italian painter. Christie’s resident old master drawing’s expert examined the piece and set an estimated value of $12,000-15,000. In January 1998, it ultimately sold at auction for $22,000. More than 11 years later, in July 2009, Marchig was approached by other experts in the art world who believed her previously sold drawing was actually the work of da Vinci, and could be valued as high as $100 million. Marchig brought an action against Christie’s claiming the auction house had been careless and failed to properly investigate her drawing. While both sides engaged experts to determine the authenticity and true origin of the work, Christie’s moved to bar the claims as untimely, alleging the applicable statute of limitations (3 years – negligence, breach of fiduciary duty and 6 years – negligent appraisal) had long since expired. Judge Koetl agreed and dismissed the action as too much time had passed between the appraisal in question and the suit. Special thanks to Chris O'Leary for his contributions to this post. For more information about it, or WCM's fine art practice, please contact Bob Cosgrove at rcosgrove@wcmlaw.com . Previous Next Contact

News Mere Presence Of A Hazard Does Not Create Liability August 18, 2011 < Back Share to: In Atashi v. Fred-Doug 117, LLC, the First Department reaffirmed the lower court’s dismissal of the plaintiff’s compliant, holding that the defendants did not create the alleged dangerous condition that caused the plaintiff’s accident, nor did they have actual or constructive notice. Atashi, a security guard at the defendants’ building, tripped and fell over a large flatbed dolly that tenants sometimes borrowed from the building staff. The court held that the presence of the dolly alone did not equate liability onto the defendants. Atashi conceded that the dolly was not in the hallway five hours prior to the accident, and he would have been the only employee on site that day responsible for inspecting the location on the defendants’ behalf. Thus, absent any evidence to establish that the defendants created the condition, or would have been made aware of the condition by another building employee, his complaint had to be dismissed. Thanks to Lora Gleicher for her contribution to this post. http://www.courts.state.ny.us/reporter/3dseries/2011/2011_06290.htm Previous Next Contact

News Mediation Agreements Are Binding in NJ. August 12, 2011 < Back Share to: In the case of Willingboro Mall v. 240/242 Franklin Avenue, et al., the plaintiff appealed from an order enforcing a settlement reached during a mediation session conducted pursuant to Rule 1:40-4. Plaintiff argued that the rule precludes enforcement of an oral settlement reached at a nonbinding mediation session. It also contended the alleged settlement was the product of coercion by the mediator. The facts giving rise to the appeal are as follows. Plaintiff and defendants were commercial real estate entities who were involved in a default and foreclosure dispute. The parties were referred to mediation by the General Equity judge. The parties selected a retired Superior Court Judge as mediator, and attended a mediation session with their attorneys at the office of defendants' attorney. After several hours, the parties agreed to a settlement. Counsel for defendants then wrote a letter to the General Equity judge to inform him that the parties had reached a settlement. The letter also stated the terms of the settlement. Plaintiff refused to consummate the settlement and instead asserted that a final, binding settlement agreement had not been reached at the mediation session. Defendants then filed a motion to enforce the mediated settlement agreement, and supported the motion with a certification of their attorney and the mediator. A plenary hearing was conducted and a written opinion was issued, which found that the parties did in fact arrive at a settlement of the underlying case, and that the settlement was therefore binding. On appeal, plaintiff argued that Rule 1:40-4(i) prevented enforcement of an oral settlement because the terms of the settlement were not reduced to writing at the mediation session, a copy of the writing was not provided to each party, and the parties did not affix their signatures to the writing at the mediation session. In addition, plaintiff argued that enforcement of a settlement reached at a mediation session is contrary to the non-binding nature of the mediation process. The Appellate Division agreed with the trial court. It ruled that mediation is utilized to afford the parties an opportunity to present their position before an experienced professional with the goal of resolving some or all of the differences between the parties. Rule 1:40-4 (i) does not prohibit the mediator or one of the parties from reducing the terms of the agreement to writing shortly after conclusion of the mediation session as occurred in this case. Specifically, the court noted that in this case, three days after the mediation session, defendants' attorney prepared and sent a letter stating the terms of the agreement reached by the parties. Two weeks later, he sent another letter informing plaintiff that he had placed the sum required to resolve the dispute in an escrow account. The Appellate Court held that these writings, the first memorializing the terms of the settlement and the second notifying plaintiff of defendants' action to consummate the settlement, were within the intention of the rule requiring the agreement to be reduced to writing. Two important points bear mention here. First, sometimes attorneys (and litigants) are held to their word and bound by their verbal actions. Second, and perhaps more importantly, know your case and the attorneys. If the attorneys on the other side seem like the kind of folks who will try to weasel their way out of an agreement, don’t leave the mediation until a written agreement is finalized and signed by all parties. It might take a little bit longer, but it’s certainly worth the effort – in fact, we just did this on a case on Wednesday where a post mediation “agreement on written terms” seemed like it might be hard to come by. But that’s a story for a different day… Special thanks to Sheila Osei for her contributions to this post. For more information about it, or WCM's NJ practice, please contact Bob Cosgrove at rcosgrove@wcmlaw.com . Previous Next Contact

Latest News Button June 23, 2026 Read More New Jersey Court Grants Summary Judgment in Medical Malpractice Action Based on Untimely Expert Disclosures New Jersey Court Grants Summary Judgment in Medical Malpractice Action Based on Untimely Expert Disclosures Button February 24, 2026 Read More Experienced Parter Scott A. Lazar Joins Wade Clark Mulcahy LLP’s New Jersey Office Experienced Parter Scott A. Lazar Joins Wade Clark Mulcahy LLP’s New Jersey Office Button January 20, 2026 Read More First Department Affirms Major Coverage Ruling for Specie Market, Holding the “Unattended Vehicle” Exclusion Applies to Goods on Consignment First Department Affirms Major Coverage Ruling for Specie Market, Holding the “Unattended Vehicle” Exclusion Applies to Goods on Consignment Button December 4, 2025 Read More New York's Highest Court Affirms WCM's Victory Regarding Tenders in Public Sidewalk Cases New York's Highest Court Affirms WCM's Victory Regarding Tenders in Public Sidewalk Cases Button October 21, 2025 Read More First Department Reaffirms Litigants’ Right to Move Without Prior Judicial Approval First Department Reaffirms Litigants’ Right to Move Without Prior Judicial Approval Button July 25, 2025 Read More WCM Selected as Law Firm of the Year by Pennsylvania Defense Institute WCM Selected as Law Firm of the Year by Pennsylvania Defense Institute Button February 8, 2025 Read More First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases Button January 15, 2025 Read More DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia Button January 3, 2025 Read More Jason Laicha Promoted to Senior Associate Jason Laicha Promoted to Senior Associate Button October 10, 2024 Read More Mike Bono to Present at IFASIC Conference in Budapest Mike Bono to Present at IFASIC Conference in Budapest Button October 8, 2024 Read More WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment Button September 27, 2024 Read More When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time Button September 27, 2024 Read More LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property Button September 27, 2024 Read More How “Serious”’ Means Serious Injury How “Serious”’ Means Serious Injury Button September 27, 2024 Read More Even Though He Couldn’t See, it’s Defendant’s Fault Even Though He Couldn’t See, it’s Defendant’s Fault Button September 27, 2024 Read More Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Button September 23, 2024 Read More Cards Against Humanity Sues SpaceX Over Texas Trespass Cards Against Humanity Sues SpaceX Over Texas Trespass Button September 20, 2024 Read More No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case Button September 20, 2024 Read More Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City Button September 20, 2024 Read More What is Considered Adequate Inspection Of An Establishment? What is Considered Adequate Inspection Of An Establishment? Button September 20, 2024 Read More Balancing the Scales: The Role of Res Ipsa Loquitur in Pennsylvania Negligence Cases Balancing the Scales: The Role of Res Ipsa Loquitur in Pennsylvania Negligence Cases Button September 20, 2024 Read More The Fine Print Matters: Winning Contractual Indemnification Claims Between Tenants and Landlords The Fine Print Matters: Winning Contractual Indemnification Claims Between Tenants and Landlords Button September 13, 2024 Read More Coverage Limits, Continuing Causes, and COVID-19: District Court of New Jersey Holds COVID-19 Executive Orders Constitute One “Occurrence” Coverage Limits, Continuing Causes, and COVID-19: District Court of New Jersey Holds COVID-19 Executive Orders Constitute One “Occurrence” Button September 13, 2024 Read More It Wasn’t the Pig’s Fault It Wasn’t the Pig’s Fault Button September 6, 2024 Read More Notice of Claim Pitfall: New York Appellate Court Confirms That Original Deficiencies Cannot Be Corrected With §50-h Hearing Testimony Notice of Claim Pitfall: New York Appellate Court Confirms That Original Deficiencies Cannot Be Corrected With §50-h Hearing Testimony Load More

News Pennsylvania Supreme Court Weighing Bad Faith (PA) November 27, 2019 < Back Share to: Back in April, we noted all eyes were on the PA Supreme Court to further clarify the bad faith standard with respect to insurance coverage in the lawsuit captioned: Berg v. Nationwide Mut. Ins. Co., Inc. On Thursday, November 21, oral arguments were finally held in this matter. During arguments, the PA Supreme Court was asked to consider whether the PA Superior Court abused its discretion by reweighing evidence relied upon by the trial court in its finding of bad faith on the part of an insurance carrier. By way of background, this lawsuit stems from a 1996 car accident involving Sharon Berg which led to well over a decade of litigation between Berg and her automobile insurer. The insurance company chose to send the vehicle for repairs rather than deem it totaled. Berg sued her insurer on the premise that the repairs were defective and the car was no longer crashworthy. One of the hotly contested issues became whether the insurer had, in bad faith, decided to repair the vehicle because it was half the cost of rendering it totaled, although the car was in fact totaled. A Berk’s County jury found almost entirely in favor of the insurer and only found it should pay $295 for violating the Pennsylvania Unfair Trade Practices and Consumer Protection Law. However, the trial judge found bad faith on the part of the insurer and added $18M in punitive damages and $3M in counsel fees to Berg’s verdict. Specifically, the trial judge cited to the insurer’s later decision to deem the car totaled, its failures to disclose information about the vehicle’s condition, abusing the discovery process, and its failure to negotiate in good faith. On appeal, the Superior Court found the evidence relied upon by the trial judge to be unconvincing and reversed the trial court’s verdict. Specifically, it found that there was no evidence that the insurer knew the vehicle was not safe to be put back on the road nor that it acted in bad faith, stating, “The trial court simply ignored a large body of evidence that rendered is finding unsupported.” In addition, the appellate court found bias on the part of the trial judge because of language in the judge’s opinion that appeared to condemn the insurance industry in broad terms. On Thursday, the PA Supreme heard oral arguments after granting Berg’s appeal. It will issue its decision on, among other things, whether the appellate court abused its discretion “by reweighing and disregarding clear and convincing evidence introduced in the trial court upon which the trial court relied to enter a finding of insurance bad faith.” Continue to stay tuned for the PA Supreme Court’s ruling and its impact on PA bad faith litigation. Thank you to Priscilla Torres for her contribution to this post. Please email Colleen E. Hayes with any questions. Previous Next Contact

News Preservation of Appellate Review – Is It Waived? July 21, 2023 < Back Share to: Dupree v. Younger, Case Number 22-210 (May 25, 2023) addresses the preservation of legal issues for appellate review. In Dupree, the U.S. Supreme Court found that a summary judgment motion “allows the district court to take first crack at the question that the appellate court will ultimately face: Was there sufficient evidence in the trial record to support the jury’s verdict?” The court also found that “[b]ecause the factual record developed at trial supersedes the record existing at the time of the summary judgment motion, it follows that a party must raise a sufficiency [of the evidence] claim in a post-trial motion in order to preserve it for appeal.” The court further found that a “repeat-motion requirement” would be an “empty exercise,” where the averse ruling is based on a purely legal issue because “a purely legal question is, by definition, one whose answer is independent of disputed facts” and, thus, “factual development at trial will not change the district court’s answer.” Applying this reasoning to the case at hand, the Dupree Court unanimously held that where an averse pretrial ruling is based on a purely legal issue, a litigant need not, to preserve the issue for appellate review, re-raise the issue at or after trial. The Take Away. Be careful! While Dupree eliminates the need to re-raise averse rulings on purely legal issues; to avoid waiver, and preserve appellate review of fact-based issues, one must re-raise the fact-based issue(s) at trial and by post-trial motion. Thanks to Charles "Chip" George for this post. Please contact Chip with any questions. Previous Next Contact