Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Home Topics

Litigation

Features

Index Image

Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue, in an easy-to-read format.

Features

Benzene and the Pollution Exclusion Image

Benzene and the Pollution Exclusion

Chet A. Kronenberg & Nicholas B. Melzer

Many see benzene-related cases as the next big thing in toxic tort litigation.

Features

When Is Credit Due? Reallocation for Settlements under 'All Sums' Image

When Is Credit Due? Reallocation for Settlements under 'All Sums'

Seth A. Tucker

In a multi-insurer coverage case, it is common for the insured to settle with one or more insurers before trial. When that happens in a case in which the court employs the "all sums" scope-of-coverage approach, can the non-settling insurers bring claims of their own against the settled carriers in an effort to reallocate some of their liability to their former co-defendants? If not, is there another mechanism to account for those settlements?

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

An in-depth look at recent national rulings.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Postnuptial Pact Challenge Goes Forward Image

Postnuptial Pact Challenge Goes Forward

Mark Faas

In the first case to interpret the latest amendment to a perplexing New York matrimonial statute, a state judge has ruled that a Long Island woman may challenge the validity of her postnuptial agreement 12 years after it was signed, notwithstanding the three-year statute of limitations.

Features

Court of Appeals Update: 2008 Image

Court of Appeals Update: 2008

Marcy L. Wachtel

As it does each year, New York's Court of Appeals issued some significant family-law related decisions in 2008. As the new year begins, it's a good time to look back on the important decisions of last year that every New York matrimonial law practitioner should be aware of.

Features

Calculating the Damages Image

Calculating the Damages

Debra Sydnor & Shirlethia Franklin

While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way.

Features

Practice Tip: Expert Witness Selection Image

Practice Tip: Expert Witness Selection

James H. Rotondo & Andrea E. K. Thomas

This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.

Features

The 2009 PhRMA Code on Interactions with Health Care Professionals Image

The 2009 PhRMA Code on Interactions with Health Care Professionals

Eric H. Sussman & Adrienne Gonzalez

The Pharmaceutical Research and Manufacturers of America ("PhRMA") recently issued a revised version of its Code on Interactions with Healthcare Professionals that took effect on Jan. 1, 2009 ("revised Code"). Here's a look at the revisions.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
    Read More ›
  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
    Read More ›