ArticleMichigan's Paid Medical Leave Act – A Year OutRe: Michigan's Paid Medical Leave Act (MPMLA), MCL 408.961, et seq., effective March 29, 2019United StatesEmployment and HRWilson Elser Moskowitz Edelman & Dicker LLP
ArticleN.J. Ruling: Commissions Are Wages Under WPLIn a March 17, 2025, unanimous opinion, the New Jersey Supreme Court held that workers who make commissions are protected by the state wage law.United StatesEmployment and HRWilson Elser Moskowitz Edelman & Dicker LLP
ArticleWill California's Cannabis Regulation Limit Commercial Activity Between Licensed And Unlicensed Entities?The regulation also will limit online marijuana delivery services or websites that facilitate transactions between consumers and businesses. United StatesFood, Drugs, Healthcare, Life SciencesWilson Elser Moskowitz Edelman & Dicker LLP
ArticleColorado's Snow Removal Service Liability Limitation Act Restricts Enforceability Of Indemnity ProvisionsOn May 30, 2018, Colorado Governor John Hickenlooper signed into law Senate Bill 18-062, referred to as the "Snow Removal Service Liability Limitation Act" (the Act), codified at C.R.S. § 13-21-129.United StatesInsuranceWilson Elser Moskowitz Edelman & Dicker LLP
ArticleTenth Circuit: Legal Characterization Of Facts In Underlying Complaint Insufficient To Trigger The Duty To DefendOn July 30, 2015, the Tenth Circuit affirmed that an insurer that issued a commercial general liability policy with an auto exclusion for bodily injury arising out of the loading and unloading of an auto did not have a duty to defend. United StatesInsuranceWilson Elser Moskowitz Edelman & Dicker LLP
ArticleThe 2024 Restructure Of Louisiana Bad Faith Laws: Will It Help?Each year, property owners in the Gulf Coast region of the United States brace for the possibility of a hurricane.United StatesInsuranceWilson Elser Moskowitz Edelman & Dicker LLP
ArticleIllinois Supreme Court Strikes Down Six-Person Civil Jury Statute As UnconstitutionalThe circuit court found the Act unconstitutional and the appeal proceeded to the Supreme Court, which immediately hears all appeals from circuit orders finding a state statute unconstitutional.United StatesLitigation, Mediation & ArbitrationWilson Elser Moskowitz Edelman & Dicker LLP
ArticleMichigan Court Of Appeals: Pandemic-Related Trial Protocols Did Not Deprive Plaintiff Of A Fair TrialThe Michigan Court of Appeals recently decided that certain protocols a trial court implemented during the COVID-19 pandemic – remote voir dire, social distancing and masking...United StatesLitigation, Mediation & ArbitrationWilson Elser Moskowitz Edelman & Dicker LLP
ArticleNew York's New Era Of Litigation Financing: Transparency, Consumer Protection, And Emerging Discovery BattlesNew York has enacted a sweeping reform of third‑party litigation financing, coupling comprehensive statutory regulation of consumer legal funding with a notable appellate decision expanding discovery into funding arrangements in suspected fraud cases.United StatesLitigation, Mediation & ArbitrationWilson Elser Moskowitz Edelman & Dicker LLP
ArticleU.S. Court Assistance With Foreign Arbitration Discovery: Should It, Will It, Be Allowed?The U.S. Code contains a longstanding and – until recently – uncontroversial tool to assist in proceedings before a "foreign or international tribunal."United StatesLitigation, Mediation & ArbitrationWilson Elser Moskowitz Edelman & Dicker LLP
ArticleNew York Imposes Duty On Mortgage Lenders To Maintain "Zombie Properties" And Increases Lenders' Exposure For Premises Liability ClaimsOn June 23, 2016, New York State enacted legislation imposing a duty on banks and mortgage companies to maintain one- to four-family residential properties abandoned by their owners before they have foreclosed on the properties.United StatesReal Estate and ConstructionWilson Elser Moskowitz Edelman & Dicker LLP
ArticleTransportation Company Policies & Procedures For Retention Of Electronic Control Module DataOn September 11, 2017, the U.S. District Court, Northern District of Alabama issued an opinion in Barry v. Big M Transp., Inc., Case No. 16-CV-00167, that addresses when, and what type of, sanctions are warranted ...United StatesTransportWilson Elser Moskowitz Edelman & Dicker LLP
ArticleDevelopments In New York And Colorado Cybersecurity RegulationsFor the first time since New York's Cybersecurity Regulation (23 NYCRR Part 500) became effective on March 1, 2017, the Department of Financial Services (DFS) has issued Frequently Asked Questions...United StatesTechnologyWilson Elser Moskowitz Edelman & Dicker LLP
ArticleMind The Gap: Colorado Supreme Court Says A Primary Insurer's Insolvency Does Not Trigger Umbrella CoverageThe Colorado Supreme Court has held that an umbrella insurer does not become an insured’s stopgap when a primary insurer becomes insolvent. In A.R. Wilfley & Sons, Inc. v. National Union Fire, et al., 2026 CO 64, the Court answered the following certified question: Where the “Insuring Agreement” and “Defense Provisions” language of an excess umbrella insurance policyUnited StatesInsuranceWilson Elser Moskowitz Edelman & Dicker LLP
ArticleNew Hampshire Court Holds Excess HNO Coverage Is Not Triggered By A Default Judgment Where The Underlying Limit Was Never PaidIn the recent case of Callahan v. Fortegra Insurance Company,1 a New Hampshire Superior Court granted summary judgment to an excess insurer, holding that a policy requiring the underlying limit be "paid as damages by You or on Your behalf" is not satisfied by a claimant's offer to credit that limit against a default judgment. United StatesInsuranceWilson Elser Moskowitz Edelman & Dicker LLP
ArticleNorthern District Of Illinois Holds No Coverage For Punitive Damages Awarded Because Of Insured's Conscious Indifference In A Negligent Failure To Warn CaseIllinois maintains a strong public policy prohibiting liability insurance for certain types of punitive damage awards. On June 11, 2021, in Ironshore Specialty Insurance Co. v. Akorn, Inc., the U.S.United StatesInsuranceWilson Elser Moskowitz Edelman & Dicker LLP
ArticleFlorida Supreme Court Rejects Recreational Marijuana Constitutional Ballot Amendment InitiativeOn April 22, 2021, the Florida Supreme Court struck down a high-profile effort to legalize marijuana for recreational use in Florida. United StatesCannabis & HempWilson Elser Moskowitz Edelman & Dicker LLP
ArticleDebate Over Enforcement Of FTC's Rule Banning Noncompete Agreements ContinuesThe contentious debate on the enforcement of the FTC's Rule banning noncompete agreements nationwide (the Rule) continued this past week, with the latest development...United StatesEmployment and HRWilson Elser Moskowitz Edelman & Dicker LLP
ArticleEEOC Announces New National Enforcement PlanThis content presents information about cookie usage and data privacy practices, explaining how cookies operate on the website and detailing user options for managing cookie preferences. It outlines the categories of cookies employed, their purposes, and references comprehensive privacy documentation for users seeking detailed information about data handling practices. United StatesEmployment and HRWilson Elser Moskowitz Edelman & Dicker LLP