MP McQueen

July 03, 2018 | New York Law Journal

In order for plaintiffs to recover for noneconomic losses as a result of a car accident, they must prove that they suffered a “serious injury” as defined by Insurance Law Section 5102 (see Insurance Law Section 5104 [a]). In many cases, the parties' experts have conflicting opinions on this issue.

By Seth Weinberg

11 minute read

July 02, 2018 | New York Law Journal

A general overview of requirements for legal light and air applicable to residential use in New York City.

By James P. Power

5 minute read

June 29, 2018 | New York Law Journal

The jurisprudence in the First Department and the Fourth Department has evolved to become more favorable to certified classes seeking tort remedies for environmental harm.

By Thomas A. Dickerson

10 minute read

June 28, 2018 | New York Law Journal

The new DFS rules apply to all entities under its jurisdiction, including insurance companies, insurance agents, banks, charitable foundations, consumer lenders, mortgage brokers, holding companies and premium finance agencies.

By Barry R. Temkin and Kenneth M. Labbate

9 minute read

June 27, 2018 | New York Law Journal

New York Gov. Andrew Cuomo and Attorney General Barbara Underwood and NYC Mayor Bill de Blasio issued statements Wednesday denouncing the divided U.S. Supreme Court's decision restricting the right of public sector unions to collect fair-share fees from non-union members and vowing support and protection for municipal unions. The state has the second-largest number of public sector workers in the nation, after California.

By MP McQueen

4 minute read

June 27, 2018 | New York Law Journal

In the last two years, the Second and Seventh circuits have addressed RJR Nabisco's domestic injury requirement.

By Justin J. Santolli

10 minute read

June 26, 2018 | New York Law Journal

The decision in Forman v. Henkin will likely prove useful to employers both in and outside New York, who often seek disclosure of their adversaries' posts on Facebook or other social media during litigation with their employees.

By Melissa Osipoff

1 minute read

June 25, 2018 | New York Law Journal

In E.J. Brooks Co. v. Cambridge Security Seals, No. 26, 2018 BL 157167 (N.Y. May 3, 2018), a divided New York Court of Appeals announced—over a lively dissent—that compensatory damages for misappropriation of trade secrets and unfair competition are limited to the plaintiff's own losses, and may not include the development costs avoided by defendants.

By Muhammad U. Faridi and A. Robert Quirk

10 minute read

June 22, 2018 | New York Law Journal

The NY Department of Financial Services has issued a circular letter warning insurers against discriminating against New Yorkers who use HIV prevention medications. It also issued a letter reminding health insurers that selling short-term, limited duration policies remains illegal in the state, despite a proposed federal rule by the Trump administration.

By MP McQueen

3 minute read

June 22, 2018 | New York Law Journal

A recent case in the Western District of New York has the potential to reach both of the Courts of Appeal by different routes.

By Andrew Lavoott Bluestone

11 minute read