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February 05, 2019 | FC&S Insurance

Griggs v. Bounce N' Around Inflatables, L.L.C.

The Louisiana Supreme Court has ruled that a minor who was illegally hired and who was injured while engaging in a task prohibited by the state’s child labor law was subject to the exclusive remedy provisions of Louisiana’s workers’ compensation law.
19 minute read
January 25, 2019 | New York Law Journal

District Court Refuses to Vacate Sanctions Awards Following Settlement

In his Settlements and Compromise column, Thomas E.L. Dewey discusses a recent decision from the Southern District of New York, which reminds us that the parties are not the only ones who have a say in what can be resolved in a settlement agreement. Courts have an interest in preserving their authority to enforce orders and procedural rules, and parties cannot avoid the consequences of noncompliance through private settlement.
7 minute read
January 11, 2019 | New York Law Journal

A Dose of Reality for the NYC Asbestos Litigation

The opinions in 'Juni' present a sea change in the presentation of evidence on the issue of causation in New York asbestos cases. Plaintiffs will need to evaluate their proof on this issue to ensure that it meets the requirements of 'Parker' and 'Cornell'.
14 minute read
January 10, 2019 | Texas Lawyer

Fernelius Simon Adds Partner, Lengthens Name to Include All Lawyers

"I do think it's helpful to be a name partner in a firm," firm founder Stephen Fernelius said.
2 minute read
January 09, 2019 | New York Law Journal

Head of NY AG Economic Justice Division to Depart for Quinn Emanuel

“I hope to expand the plaintiff-side state AG practice, so basically pitching state AGs across the country because New York doesn't hire too many outside counsel for their investigations,” Sheth said.
5 minute read
January 08, 2019 | Supreme Court Brief

Timing Is Key in Copyright Case | Gorsuch-Sotomayor Team Up (Again) | More on 'Serial Adversaries'

Our snapshot on the lawyers arguing today's big copyright case at the US Supreme Court, plus: observations on the Gorsuch-Sotomayor alignment in a Sixth Amendment dispute, and more on "serial adversaries" at the high court. Thanks for reading Supreme Court Brief!
8 minute read
December 28, 2018 | New York Law Journal

Requiem for the Biomechanical 'Frye' Hearing?

On Dec. 5, 2018, a unanimous panel of the Appellate Division, Second Department issued its decision in 'Shah v. Mo. M. Rahman', upholding the trial court's ruling not to grant plaintiff's counsel's application to hold a 'Frye' hearing before admitting into evidence the testimony of a defense biomechanical engineering expert. In so doing, the court, citing, well established Court of Appeals authority, has arguably dealt the biomechanical 'Frye' hearing its final death blow.
7 minute read
December 18, 2018 | New York Law Journal

A Review of 'New York City Asbestos Litigation, Juni v. Ford'

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent significant ruling on expert proof in the asbestos arena, in which the Court of Appeals held that the plaintiff in a mesothelioma case had not provided sufficient evidence of causation and affirming the vacatur of an $11 million jury award.
6 minute read
December 17, 2018 | New York Law Journal

Mahanna, NY AG Chief of Staff, Set to Join Wilmer as Partner

Brian Mahanna, who also once served as senior adviser to former New York City Mayor Michael Bloomberg, will be a member of the firm's Regulatory and Government Affairs Department, where he will help clients manage high-profile crises and other challenges involving regulators.
7 minute read
December 11, 2018 | New York Law Journal

Second Circuit Rules 'Rooker-Feldman' Doesn't Bar Suit Against NYC's No-Fault Nuisance Evictions

The plaintiffs' arguments focused on injuries caused by settlement agreements with the city, not with later court ratification of those agreements, the panel found.
4 minute read

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