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  • Article

    Union Power In Michigan: Is It Real Or Imagined?

    You may be shocked as a Michigan business, operating in the home of the United Autoworkers and of the Teamsters, that unions are increasingly less relevant.
    United StatesEmployment and HR
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Pollution Exclusion Coverage Update

    The New York Supreme Court, Appellate Division, reversed the trial court's decision denying the plaintiff insurers' motion for summary judgment on the applicability of pollution exclusions in their policies.
    United StatesEnvironment
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Is This The End Of The Employee Non-Compete Clause?

    For employers out there who have fretted and even agonized over whether your non-compete agreements have the right scope and duration to pass legal muster...
    United StatesEmployment and HR
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Coverage for Settlement – Michigan

    The Michigan Supreme Court reversed the Michigan Court of Appeals and held that the parties did not have a binding settlement agreement for a pollution coverage dispute.
    United StatesInsurance
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Equitable Contribution – Sixth Circuit (Ohio Law)

    ACE Am. Ins. Co. v. Zurich Am. Ins. Co. No. 22-4054, 2024 WL 945246 (6th Cir. Mar. 5, 2024)
    United StatesInsurance
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Faulty Workmanship Coverage Update

    The Washington Supreme Court affirmed the Washington Court of Appeals ruling that coverage for repairs to the Gardens Condominium's roof components was available under the resulting loss exception to the insurance policy's faulty workmanship exclusion.
    United StatesInsurance
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Entitlement To PIP Benefits – Michigan

    The Michigan Court of Appeals reaffirmed its prior holding that a claimant who resides in Michigan is not entitled to Personal Protection Insurance...
    United StatesLitigation, Mediation & Arbitration
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Property Damage (COVID-19) – California

    The California Supreme Court, answering a certified question from the U.S. Court of Appeals for the Ninth Circuit, found that a commercial insurance...
    United StatesCoronavirus (COVID-19)
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Appellate Court Rules Insured Entitled To Unlimited Attendant Care Benefits

    The Michigan Court of Appeals recently held in a published decision that the terms of an insurance policy providing for unlimited medical benefits entitled the insured to unlimited...
    United StatesInsurance
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    'Bodily Injury' – Pennsylvania

    The Pennsylvania Supreme Court reversed the lower courts' rulings that Nationwide Property & Casualty Insurance Company (Nationwide) had a duty to defend its insureds...
    United StatesLitigation, Mediation & Arbitration
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Employers Should Act Now To Address Rising DOL Salary Thresholds For Exempt Employees

    The U.S. Department of Labor (DOL) has just issued its final rule defining and delimiting the exemptions for executive, administrative, professional, outside sales and computer employees...
    United StatesEmployment and HR
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    U.S. Supreme Court Provides Test For Protected Speech On Government Official's Social Media Pages

    On March 15 the U.S. Supreme Court provided guidance on whether state actors can be held accountable for their actions on their social media accounts.
    United StatesGovernment, Public Sector
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Fraudulent Insurance Act Coverage Update

    The Michigan Supreme Court reversed a lower appellate court's decision and held that statements made during discovery, after a lawsuit for No-Fault benefits...
    United StatesInsurance
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Misrepresentation In Application Coverage Update

    The Delaware Supreme Court affirmed the state's Superior Court ruling that Zurich American Insurance Company (Zurich) was not entitled to a declaratory judgment that Zurich had no duty to defend ...
    United StatesInsurance
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Don't Call It A Comeback: Revisions To Evidentiary Rules For Expert Testimony

    The Michigan Supreme Court recently adopted a revision to the state's Rules of Evidence related to expert testimony (MRE 702) to bring it in line with the 2023...
    United StatesLitigation, Mediation & Arbitration
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Pedestrian, Property Damage (COVID-19) Coverage Update

    The New Jersey Supreme Court held that an individual riding a motorized scooter is not a pedestrian within the meaning of New Jersey's No-Fault Act...
    United StatesLitigation, Mediation & Arbitration
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Construction Defects Coverage Update

    The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that, at the time the insured requested a defense...
    United StatesReal Estate and Construction
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Late Notice – Colorado

    Gregory v. Safeco Ins. Co. of Am. Nos. 22SC399 and 22SC563, 2024 CO 13, 2024 WL 1040531 (Colo. Mar. 11, 2024)
    United StatesInsurance
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    The Skeptical Brain Injury – How Do You Prepare To Defend It?

    Mild traumatic brain injury cases often arise from low-speed motor vehicle accidents or slip-and-fall cases where there is no loss of consciousness, no hospitalization and minimal medical treatment.
    United StatesLitigation, Mediation & Arbitration
    Plunkett & Cooney
    Plunkett & Cooney
  • Article

    Minimum Liability Limits Under Michigan's No-Fault Act Update

    The Michigan Court of Appeals affirmed summary judgment for Defendant Gjovalin Shkreli (Shkreli), holding that Progressive Michigan Insurance Company (Progressive) must pay...
    United StatesLitigation, Mediation & Arbitration
    Plunkett & Cooney
    Plunkett & Cooney

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