Author Info for Goldberg Segalla

John Allen

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies to… more

Appeals, Contract Terms, Insurance Industry, Insurance Litigation, Insurance Regulations

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Ryan Allen

[Webinar] Construction Site Accidents: The Benefits of Collaborating Workers’ Compensation and General Liability Defense - July 16th, 9:00 am - 10:00 am PDT

For the best possible outcome in both cases, we encourage timely and active collaboration between workers’ compensation defense counsel and general liability defense counsel. Join Goldberg Segalla partner Ryan Allen to learn… more

Best Practices, Commercial General Liability Policies, Construction Accidents, Construction Industry, Construction Site

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Susan Allen-Robbins

Fifth Circuit Affirms Lower Court Ruling Against Final Remaining Defendant

United States Court of Appeals for the Fifth Circuit - In December 2018, Sue Perry (“decedent”) passed away following her second lung cancer diagnosis. Her surviving husband and daughters (“plaintiffs”) alleged that she… more

Appeals, Appellate Courts, Asbestos, Asbestos Litigation, Causation

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Kenneth Alweis

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of… more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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Michael Appelbaum

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of… more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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John Archibald

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or… more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

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Matthew Austin

CMS Issues Alert & WCMSA User Guide Update; Positive Changes Expedite Allocation Practice

Beginning April 7, the Centers for Medicare & Medicaid Services (CMS) will eliminate its one-year waiting period for Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Amended Review requests. Instead, CMS will allow… more

Appeals, Centers for Medicare & Medicaid Services (CMS), Compliance, Health Insurance, Insurance Claims

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Lauren Behan

Environmental Groups Halt Construction of ‘Alligator Alcatraz’

U.S. District Judge Kathleen Williams on Aug. 7 issued a temporary restraining order to pause construction on the controversial detention center known as “Alligator Alcatraz” for two weeks pending argument on the underlying… more

Conservation, Endangered Species Act (ESA), Environmental Impact Statements, Environmental Litigation, NEPA

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Chelsea Bellew

One-Time Change: Employers and Carriers Must Go Beyond Simply Authorizing the Benefit

Florida law entitles injured workers to a one-time change in physicians. This one-time change is a procedural right, per Florida Statute 440.13(2)(f). When the change is granted, the employer or carrier must deauthorize the… more

Attorney's Fees, Employee Rights, Employer Responsibilities, Florida, Insurance Claims

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Caroline Berdzik

Second Circuit Affirms that ADA Workplace Accommodation Protections are Broad

In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employment Discrimination

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Jonathan Berkowitz

Mitigating Pressure Injury Exposure Through LEAF’s Innovative Wearable Sensor Technology

Healthcare facilities exposed to pressure injury litigation too often fail to defend patient malpractice claims because they cannot prove that caregivers provided reasonable turning and repositioning to prevent skin breakdown… more

Health Care Providers, Healthcare Facilities, Medical Devices, Nurses, Nursing Homes

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Jonathan Bernstein

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of… more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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Peter Biging

Recent Agent Breach of Contract Decisions of Note

As part of Goldberg Segalla’s commitment to client-focused service and ensuring you are kept apprised of the latest rulings and trends that could impact your profession, we would like to call your attention to two recent New… more

Appeals, Breach of Contract, Fire Damage, Fire Insurance, Insurance Industry

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Dustin Blumenthal

[Webinar] The Time-Limited, Policy-Limit Demand: A Legal and Practical Approach - February 28th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla partners Christian A. Cavallo and Dustin C. Blumenthal for an interactive webinar discussing practical and legal considerations for insurers presented with a time-limited demand that they pay their policy… more

Insurance Brokers, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Limits

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Emily Borg

Appellate Court's Liberal Ruling on Accident and Causation

KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not need… more

Appeals, Appellate Courts, Arbitration, Causation, Preexisting Conditions

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David Brown

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies to… more

Appeals, Contract Terms, Insurance Industry, Insurance Litigation, Insurance Regulations

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Jennifer Budner

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability… more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

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George Buermann

DuPont Agrees to Record-Breaking Settlement to Resolve PFAS Contamination in New Jersey

Following a series of bench trials in federal court, DuPont and its affiliates reached a $2.5 billion settlement with the State of New Jersey to address decades of environmental contamination from PFAS… more

Contamination, Corporate Counsel, Drinking Water, DuPont, Enforcement Actions

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Haasty Burns

California Time-Limited Demand Statute to Take Effect Jan. 1, 2023

Key Takeaways - A new California statute governing claimants’ demands will take effect Jan. 1 mandating that an at-fault party’s liability insurer pay by a specific deadline the limits of its policy to settle claims against… more

Insurance Claims, Insurance Industry, Insurance Litigation, Liability Insurance, Policy Terms

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Alexandra Bystritskaya

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research… more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

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Joseph Cagnoli Jr.

Pittsburgh Jury’s Attempt to Award $22 Million in Johnson & Johnson Talc Case Highlights Trial Complexities

On Jan. 6, a Pittsburgh jury concluded a month-and-a-half long trial involving a suit asserting that decedent Michaeleen Lee developed mesothelioma from exposure to asbestos-containing talcum powder products made by Johnson &… more

Asbestos Litigation, Damages, Johnson & Johnson, Jury Trial, Litigation Strategies

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Ashlyn Capote

Loading and Unloading Under GL and Auto Policies: 2024

Join Goldberg Segalla partners Ashlyn M. Capote and Adam R. Durst for an interactive webinar addressing the latest decisions from courts across the country addressing the relationship between commercial general liability and… more

Auto Insurance, Automotive Industry, Commercial General Liability Policies, Insurance Contracts, Insurance Industry

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Nicole Caspers

‘Berth Control’ — California’s War on Idle Emissions

California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date… more

Administrative Procedure Act, Air Pollution, Appellate Courts, California, Environmental Litigation

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Christian Cavallo

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies to… more

Appeals, Contract Terms, Insurance Industry, Insurance Litigation, Insurance Regulations

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Cali Chandiramani

Second Circuit Affirms that ADA Workplace Accommodation Protections are Broad

In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employment Discrimination

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Frank Chang

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order… more

Attorney's Fees, Employer Liability Issues, Penalties, State Labor Laws, Workers Compensation Awards

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Hemna Chaudry

Pittsburgh Jury’s Attempt to Award $22 Million in Johnson & Johnson Talc Case Highlights Trial Complexities

On Jan. 6, a Pittsburgh jury concluded a month-and-a-half long trial involving a suit asserting that decedent Michaeleen Lee developed mesothelioma from exposure to asbestos-containing talcum powder products made by Johnson &… more

Asbestos Litigation, Damages, Johnson & Johnson, Jury Trial, Litigation Strategies

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Keani Christian

Second Circuit Affirms that ADA Workplace Accommodation Protections are Broad

In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employment Discrimination

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Robert Clark

Court Highlights Distinction Between Pre- and Post-Retirement Benefits and Workers’ Compensation Carrier’s Reimbursement Rights under General Municipal Law § 207-a

The recent New York Court of Appeals decision in Matter of Schulze v. City of Newburgh Fire Department (April 10) has significant implications for municipal employers and workers’ compensation insurance carriers in New York,… more

Employee Benefits, Employer Liability Issues, Insurance Claims, Insurance Litigation, Judicial Authority

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Jack Cohen

Labor Law Update - Spring 2025

The spring edition reveals an emerging pattern in addressing the Sole Proximate Cause defense and compliance with the Labor Law. It has been well established that the Sole Proximate Cause Defense will not apply if there was a… more

Compliance, Employee Rights, Employer Liability Issues, Employment Litigation, Workplace Safety

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Laura Colca

[Webinar] Building Under Pressure: Navigating the Impact of Trump’s Tariffs on Construction Contracts - March 25th, 12:00 pm - 1:00 pm EDT

Join Goldberg Segalla partner Laura Colca for an insightful webinar that delves into the complexities of how Trump’s tariffs have reshaped the construction industry. Learn the financial and logistical impacts of tariffs on your… more

Construction Contracts, Construction Industry, Construction Managers, Construction Project, Contract Negotiations

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Timothy Connolly III

New Procedure in New York for Additional Injury Sites & Consequential Injuries

Starting December 2024, if the WCB receives a Request for Further Action by Legal Counsel (Form RFA-1LC) presenting prima facie medical evidence (PFME) for an unestablished injury or condition, the WCB will expedite a… more

Bodily Injury, Health Care Providers, Insurance Industry, New York

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Karen Cullinane

Does EtO’s Recent Regulatory Battle Victory Mean It Will Win the War?

Following years of heightened concern about the dangers of exposure to ethylene oxide (EtO), increased regulatory oversight, and a steady hum of litigation, in 2025 it seems like things might be changing for the beleaguered… more

Biden Administration, Environmental Litigation, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Alexander Davis

N.C. Supreme Court Rules COVID-19 Shutdown Orders May Invoke Coverage under All-Risk Commercial Property Policies

The Supreme Court of North Carolina issued a pair of opinions on December 13 relating to coverage for government shutdown orders due to COVID-19. In North State Deli v. Cincinnati Ins., the court broke with the majority of… more

All-Risks Insurance, Commercial Property Owners, Contract Terms, Coronavirus/COVID-19, Government Shutdown

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Sarah Delaney

Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On Bodily Injury

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a Stevedore… more

Appeals, Asbestos Litigation, Bodily Injury, Contract Interpretation, Insurance Litigation

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Matthew DeMarco

CMS Issues Alert & WCMSA User Guide Update; Positive Changes Expedite Allocation Practice

Beginning April 7, the Centers for Medicare & Medicaid Services (CMS) will eliminate its one-year waiting period for Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Amended Review requests. Instead, CMS will allow… more

Appeals, Centers for Medicare & Medicaid Services (CMS), Compliance, Health Insurance, Insurance Claims

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Noah Dennison

Refresher: Parking Lot Liability and Ability to Recover Workers’ Compensation Liens in New Jersey

As the winter months roll on and snow and ice continue to cover the asphalt and concrete, it is helpful to remind ourselves about the state of the law with regard to employee injuries that result from falling down in parking… more

Bodily Injury, Employees, Employer Liability Issues, Insurance Claims, Liability

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Angela DiSanti

House Bill 183: A Transformative Proposal for Disfigurement Claims in Pennsylvania Workers’ Compensation

Pennsylvania House Bill 183 (HB 183) introduces substantial amendments to Section 306(c)(22) of the Pennsylvania Workers’ Compensation Act. If enacted, the proposed changes will have significant implications for injured workers,… more

Employee Rights, Employer Responsibilities, Insurance Claims, Insurance Industry, New Legislation

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Frank DiSpirito

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research… more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

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Karen Saab-Dominguez

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of… more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Jeremy Dongilli

DuPont Agrees to Record-Breaking Settlement to Resolve PFAS Contamination in New Jersey

Following a series of bench trials in federal court, DuPont and its affiliates reached a $2.5 billion settlement with the State of New Jersey to address decades of environmental contamination from PFAS… more

Contamination, Corporate Counsel, Drinking Water, DuPont, Enforcement Actions

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Timothy Dunbrack

[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and… more

Brokers, Chief Risk Officers (CRO), Mediation, Settlement Agreements, Settlement Negotiations

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Adam Durst

Loading and Unloading Under GL and Auto Policies: 2024

Join Goldberg Segalla partners Ashlyn M. Capote and Adam R. Durst for an interactive webinar addressing the latest decisions from courts across the country addressing the relationship between commercial general liability and… more

Auto Insurance, Automotive Industry, Commercial General Liability Policies, Insurance Contracts, Insurance Industry

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Russell Edwards

2025 Employment Law Trends: Navigating the Shifting Landscape and What Employers Need to Know

As we move further into 2025, the employment law landscape continues to evolve rapidly, driven by significant regulatory changes and emerging workplace dynamics. For employers and counsel, staying ahead of these trends is… more

Artificial Intelligence, Biden Administration, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Serenity Eller

One-Time Change: Employers and Carriers Must Go Beyond Simply Authorizing the Benefit

Florida law entitles injured workers to a one-time change in physicians. This one-time change is a procedural right, per Florida Statute 440.13(2)(f). When the change is granted, the employer or carrier must deauthorize the… more

Attorney's Fees, Employee Rights, Employer Responsibilities, Florida, Insurance Claims

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Bruce Engel

[Webinar] Reinsurance 101: An Overview of Important Concepts - June 18th, 12:00 pm - 1:00 pm EDT

While reinsurance deals with some of the most complex risks in the insurance system, understanding reinsurance doesn’t have to be complex. Join Goldberg Segalla partners Bruce Engel and Larry Mason as they present an overview of… more

Dispute Resolution, Insurance Agents, Insurance Claims, Insurance Contracts, Insurance Industry

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Matthew Feinberg

Law Firm Facing Malpractice Lawsuit Arising Out of Alleged Bad Advice in White Collar Crypto Defense

FACTS OF THE UNDERLYING ACTION - On September 6, 2024 an action was commenced in New York State Supreme Court, New York County, on behalf of Steven Nerayoff, an attorney and alleged crypto founder, who, when working for the… more

Attorney Malpractice, Cryptocurrency, Cybersecurity, Hobbs Act, Initial Coin Offering (ICOs)

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Andrew Fluger

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of… more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Rosa Forrester

Evidence Preservation: Handling the Issues in New York and New Jersey

In New York and New Jersey, parties have certain duties to ensure preservation of evidence. Join Goldberg Segalla’s Rosa D. Forrester and Aaron M. VanNostrand for a discussion of when those duties are triggered, how to comply,… more

Data Preservation, Duty to Preserve, Evidence, Failure To Preserve, New Jersey

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Richard Galbo

Louisiana Supreme Court Reopens Window Reviving Childhood Sexual Abuse Claims

On June 13, 2024, the Louisiana Supreme Court vacated its prior decision deeming the revival provisions of Section 2 of 2021 La. Acts 322 and Section 2 of 2022 La. Acts 386 unconstitutional, finding now that the legislature’s… more

Child Abuse, Deadlines, Due Process, LA Supreme Court, Louisiana

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Susan Van Gelder

Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for Jurisdictional Discovery

State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued… more

Asbestos, Asbestos Litigation, Discovery, Jurisdiction, Mesothelioma

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Anthony C. Giletto

Update on Medical Marijuana Reimbursements in Pennsylvania

In 2023, there were several separate Commonwealth Court opinions that addressed payment of medical marijuana and CBD oil prescriptions per the PA Workers’ Compensation Act. On March 17, 2023, the court first issued opinions for… more

Cannabidiol (CBD) oil, Health Care Providers, Labor Law Violations, Medical Marijuana, Pennsylvania

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Brian Gilligan

New Jersey Supreme Court Issues New Opinion Clarifying “Authorized Vehicle Rule”

Key Takeaways - A November 21 decision by the New Jersey Supreme Court clarifying the authorized vehicle rule of the state’s Workers’ Compensation Act has implications for employers throughout New Jersey. The case involved… more

Car Accident, Employment Policies, Liability, NJ Supreme Court, Workers Compensation Act

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William Greagan

What Small Businesses Should Know about Changes to the Corporate Transparency Act

Effective January 1, 2024 the Corporate Transparency Act requires small businesses with fewer than 20 employees to report their ownership information to the U.S. Department of Treasury Financial Crimes Enforcement Network… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

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Scott Green

Second Circuit Affirms that ADA Workplace Accommodation Protections are Broad

In a recent Second Circuit decision from March, Tudor v. Whitehall Central School District, the court clarified the broad scope of workplace accommodation protections under the Americans with Disabilities Act (ADA)… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Educational Institutions, Employment Discrimination

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Jason Greenfield

Second Circuit Clarifies Scope of Marital Status Discrimination Under New York City Human Rights Law

The U.S. Court of Appeals for the Second Circuit on April 8, 2025, clarified the scope of “marital status” discrimination under the New York City Human Rights Law (NYCHRL). In Hunter v. Debmar-Mercury LLC, et al., the Second… more

Appeals, Employment Discrimination, Employment Litigation, Hiring & Firing, Marital Status Discrimination

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Peter Gregory

The Expansion of Dog Owner Liability in New York

In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its… more

Appeals, Dogs, Insurance Claims, Insurance Industry, Insurance Litigation

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Emilio Grillo

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of… more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

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Damon Gruber

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity… more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

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Robert Hafner

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the… more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

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Michael Hamilton

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most… more

Additional Insured, Assault, Bad Faith, Battery, Commercial General Liability Policies

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Kyung Jae Han

Even with Unfavorable IME Opinions on Causal Relationships, Psychological Workplace Injuries May Be Not Compensable

Job stress is an unfortunate reality of being part of today’s workforce. The capacity for being able to deal with such stress varies from worker to worker, but whether that stress is the cause of someone’s psychological ‘injury’… more

Compensation, Independent Medical Review, Psychological Injuries, Stalking, Workers’ Compensation

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Robert Hanlon Jr.

New York Appellate Clarifies Interplay Between Graves Amendment and Vehicle & Traffic Law Section 370

Important news from New York’s Appellate Division. In Second Child v. Edge Auto, Inc., 236 A.D.3d 499 (1st Dep’t 2025), the court addressed the interplay between the Graves Amendment and New York Vehicle & Traffic Law section… more

Appeals, Automotive Industry, Insurance Industry, Insurance Regulations, Liability

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Alexis Harris

Navigating Environmental Jurisdiction: DOJ’s Challenge to State Climate Superfund Laws

The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed to… more

CERCLA, Climate Change, Constitutional Challenges, Department of Justice (DOJ), Energy Policy

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Christina Hassler

Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board

Key Takeaways - The NY Workers’ Compensation Board has announced new Medical Treatment Guidelines—including new Guidelines covering Complex Regional Pain Syndrome—become effective on May 2, 2022. The extensive Guidelines… more

Algorithms, Employer Liability Issues, New Guidance, Workers Compensation Board, Workers' Compensation Claim

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Colleen Hayes

[Webinar] How to Handle Multiple Claimants and Insureds with Insufficient Policy Limits - July 31st, 12:00 pm - 1:00 pm EDT

Questions arise when an insurer is faced with multiple claimants and insufficient policy limits to settle all claims. Join partners Colleen E. Hayes and Thomas M. Wester for a discussion of the approaches various jurisdictions… more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Interpleaders

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Christina Holdsworth

Window is Now Open for NY Adult Survivors Act Claims

Key Takeaways - On November 24, 2022, the window opened for New York’s Adult Survivors Act claims. The ASA established a one-year window in which survivors of sexual offenses who were 18 years of age or older at the time of… more

Crime Victims, New Legislation, Rape, Sexual Abuse, Sexual Assault

See all updates »

Sean Hvisdas

[Webinar] An Ohio Primer: Critical Insurance Coverage Issues in the Buckeye State - April 9th, 12:00 pm - 1:00 pm EDT

Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most… more

Additional Insured, Assault, Bad Faith, Battery, Commercial General Liability Policies

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Joseph Jones

[Webinar] Occupational Exposure/Repetitive Motion Claims – New Jersey and Beyond - May 16th, 1:30 pm - 2:30 pm EDT

Occupational exposure claims usually become litigated. Ever wonder what your attorney is doing to evaluate and investigate the case behind the scenes? Join us for a look into the law and how to best posture these workers’… more

New Jersey, Occupational Exposure, Webinars, Workers Compensation Awards, Workers' Compensation Claim

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Kerry Jones

DuPont Agrees to $27M Settlement in Hoosick Falls PFOA Contamination Lawsuit

Earlier this month, chemical maker DuPont agreed to a $27 million settlement to resolve the Hoosick Falls class action, which involved allegations of perfluorooctanoic acid (PFOA) contamination of the upstate New York village’s… more

Class Action, Contamination, Drinking Water, DuPont, Environmental Litigation

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Todd Jones

New York Enacts New Law for Workers Facing Job-Related Mental Injury

Under S.6635/A.5745: Where a [worker] files a claim for mental injury premised upon extraordinary work-related stress incurred at [work], the board may not disallow the claim upon a factual finding that the stress was not… more

New Legislation, New York, Work-Induced Stress, Workers’ Compensation, Workplace Injury

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Evan King

NC Supreme Court Clarifies Requirements for Accessing Causality of Medical Treatment in Workers’ Compensation Cases

It is well established that under the North Carolina workers’ compensation law, the question of whether a specific medical treatment is compensable or not hinges largely on the causal relationship between the treatment sought… more

Appeals, NC Supreme Court, Workers' Compensation Claim

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Jeffrey Kingsley

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies to… more

Appeals, Contract Terms, Insurance Industry, Insurance Litigation, Insurance Regulations

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Daniel Klein

Eighth Circuit Court of Appeals Reinstates Biden-Era NEPA Regulations

While shifting political winds don’t literally blow through the trees, their force and impact can cause environmental policy to lurch back and forth. For instance, in 2020, during the final quarter of the first Trump… more

Appeals, Appellate Courts, Biden Administration, CEQ, Environmental Litigation

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Emily Knight

House Bill 183: A Transformative Proposal for Disfigurement Claims in Pennsylvania Workers’ Compensation

Pennsylvania House Bill 183 (HB 183) introduces substantial amendments to Section 306(c)(22) of the Pennsylvania Workers’ Compensation Act. If enacted, the proposed changes will have significant implications for injured workers,… more

Employee Rights, Employer Responsibilities, Insurance Claims, Insurance Industry, New Legislation

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Anna Kohut

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

Key Takeaways - Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on… more

Bodily Injury, Illinois, Negligence, New Legislation, Punitive Damages

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Elizabeth M. Lautenbach Adams

Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from… more

Asbestos, Asbestos Litigation, Manufacturers, Occupational Exposure, Summary Judgment

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Seth Laver

Tax Season = Phishing Season

Most professionals are aware of the April 15 tax deadline. We know that fraudsters certainly are! As Tax Day approaches in the U.S., we encourage all to be mindful of several phishing campaigns that Microsoft has observed using… more

Cyber Attacks, Cybersecurity, Email, Financial Fraud, IRS

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Kris Lawrence

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research… more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

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Charles Lazo

New Jersey Joins New York and Pennsylvania in Treating Commissions as Wages

In Musker v. Suuchi, Inc., the New Jersey Supreme Court addressed whether commissions are considered “wages” under New Jersey’s Wage Payment Law (NJWPL) after a salaried employee sued her employer for allegedly withholding… more

Employee Rights, Employer Liability Issues, Employment Litigation, New Jersey, New York

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David Leach

Healthcare Insurers Take Note: New Federal Whistleblower Program is Coming for You

Late this past summer, the Department of Justice (DOJ) launched a new initiative to crackdown on corporate misconduct. Beginning August 1, whistleblowers can submit original information to the DOJ regarding various types of… more

Corporate Misconduct, Department of Justice (DOJ), False Claims Act (FCA), Financial Institutions, Healthcare

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Samantha Levasseur

[Webinar] Recent Amendments to Connecticut’s Workers’ Compensation Act: A Response to Gardner v. State - June 25th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla partners Samantha Levasseur and Brian Smith will host this live webinar in response to the recent legislative amendments to Connecticut’s Workers’ Compensation Act — the most significant changes to the act in… more

Amended Legislation, Connecticut, Webinars, Workers Compensation Act, Workers' Compensation Claim

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Abraham Leybengrub

Labor Law Update Fall 2023

EDITOR’S NOTE - As an initial matter, we experienced a bit of an anomaly with the Third Department. Typically, there are a number of Labor Law decisions that we report on. However, for this reporting period, our research… more

Burden of Proof, Causation, Comparative Negligence, Construction Industry, General Contractors

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Aimée Lin

Third Circuit Affirms Home Health Care Aides Must Be Paid for Travel Between Clients

Having to compensate employees for time spent not working can be counterintuitive, but under certain circumstances, it is an employer’s obligation. Recently, the Third Circuit Court of Appeals affirmed a District Court ruling… more

Compliance, Department of Labor (DOL), Employees, Employer Liability Issues, Employer Responsibilities

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Lewis Liu

Dismissal of Case Affirmed for Lack of Prosecution,Parallel Bankruptcy Trust Litigation No Excuse for Plaintiff’s Delay

Back in 2009, Salvador Parra filed suit in the trial court of Jones County, Mississippi against 19 companies for asbestos exposure. He amended to clarify he was a Louisiana citizen but was employed in Mississippi in 1968-69 in… more

Appeals, Appellate Courts, Asbestos Litigation, Asbestos Trust Claims, Bankruptcy Court

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Ayomikun Loye

New York Enacts New Law for Workers Facing Job-Related Mental Injury

Under S.6635/A.5745: Where a [worker] files a claim for mental injury premised upon extraordinary work-related stress incurred at [work], the board may not disallow the claim upon a factual finding that the stress was not… more

New Legislation, New York, Work-Induced Stress, Workers’ Compensation, Workplace Injury

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Jillian Madison

Connecticut Court Determines it Lacks Personal Jurisdiction Over Talcum Powder Defendant

Court: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport - Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum… more

Asbestos, Asbestos Litigation, Limited Liability Company (LLC), Mesothelioma, Occupational Exposure

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Christopher Major

Defending HIMP-1 Claims in New York

If you are receiving dozens – even hundreds – of HIMP-1 demands monthly, you are not alone. And you have options other than simply paying them! The Health Insurance Matching Program (HIMP) process is the means through which a… more

Defense Strategies, Employer Liability Issues, Filing Deadlines, Health Insurance, Litigation Strategies

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Jonathan Mallozzi

Defending HIMP-1 Claims in New York

If you are receiving dozens – even hundreds – of HIMP-1 demands monthly, you are not alone. And you have options other than simply paying them! The Health Insurance Matching Program (HIMP) process is the means through which a… more

Defense Strategies, Employer Liability Issues, Filing Deadlines, Health Insurance, Litigation Strategies

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Sarah Mangelsdorf

What in the World?! ICJ Issues Landmark Opinion on Climate Change

In a unanimous decision on July 23, 2025, the fifteen judges on the United Nations’ International Court of Justice (“ICJ”), also known as the “World Court,” concluded that the production and consumption of fossil fuels “may… more

Climate Change, Energy Sector, Environmental Litigation, Environmental Policies, Global Warming

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Dorothy De Marinis

EPA Seeks Input from Small Businesses on Proposed Regulations for Drinking Water

Opportunity knocks for water treatment entities to provide their input on new regulations about to be rolled out by EPA that could either boost or harm their businesses. The Regulatory Flexibility Act requires EPA to establish a… more

Drinking Water, Environmental Protection Agency (EPA), Proposed Regulation, Regulatory Flexibility Act, Safe Drinking Water Act

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Jill Forman Marks

[Webinar] Tips and Tactics to Settle “Old Dog” Claims - February 15th, 12:00 pm - 1:00 pm EST

Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and… more

Brokers, Chief Risk Officers (CRO), Mediation, Settlement Agreements, Settlement Negotiations

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Matthew Marrone

Lawyers Beware: Litigation Funding Leads to Malpractice

As recently reported by Law360, a Pennsylvania lawyer and a litigation funder are facing racketeering and malpractice claims. A Pennsylvania federal judge recently declined to dismiss claims brought by a client accusing his… more

Compliance, Dispute Resolution, Ethics, Fiduciary Duty, Fraud

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Larry Mason

EPA Announces Plan to Eliminate its Office of Research and Development

The Environmental Protection Agency announced July 18 it would continue workforce reductions through the elimination of its Office of Research and Development, which provides the independent scientific research that underpins… more

Air Pollution, Contamination, Environmental Policies, Environmental Protection Agency (EPA), Government Agencies

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Jeffrey Matty

Navigating the Time-Limited Policy Limits Demand: Best Practices for Insurers and Defense Counsel

In the evolving landscape of insurance litigation, the time-limited, policy limits demand has emerged as a high-stakes challenge for insurers, defense counsel, and claims professionals alike. These demands – often issued early… more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Insurance Regulations

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Christopher Maugans

Court Highlights Distinction Between Pre- and Post-Retirement Benefits and Workers’ Compensation Carrier’s Reimbursement Rights under General Municipal Law § 207-a

The recent New York Court of Appeals decision in Matter of Schulze v. City of Newburgh Fire Department (April 10) has significant implications for municipal employers and workers’ compensation insurance carriers in New York,… more

Employee Benefits, Employer Liability Issues, Insurance Claims, Insurance Litigation, Judicial Authority

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Stephen Mazzara

NYSHRL’s Source of Income Discrimination Statute Unconstitutional

Key Takeaways - New York State Human Rights Law source-of-income anti-discrimination statute held as unconstitutional. People v. Commons W., LLC underscores the challenging balance between promoting equitable housing practices… more

Anti-Discrimination Policies, Housing Discrimination, Human Rights, New Amendments, New York

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Jamie McAleavey

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of… more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Paul McCormick

[Webinar] How to Defend a Workers’ Compensation Provider Dispute Brought in the No-Fault Arena - February 27th, 12:00 pm - 1:00 pm EST

Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation… more

Arbitration, Billing, Dispute Resolution, New York, Webinars

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Kelly McGee

[Webinar] Labor Law Update: Spring 2024 - April 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This… more

Appeals, Construction Industry, Construction Workers, Employer Liability Issues, Employment Litigation

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Sean McKinley

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity… more

Filing Requirements, New York, Workers' Compensation Claim, Workers’ Compensation

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Test Media

Employers in New York City Must Provide Salary Information in Job Ads Effective May 15

In its effort to achieve pay equity and transparency, the New York City Council passed an amendment to the New York City Human Rights Law (NYCHRL) to create Section 8-107(32). The amendment—which becomes effective on May 15,… more

Amended Legislation, Employer Liability Issues, Equal Pay, Hiring & Firing, Job Ads

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Nathan Milner

Fraud Doesn’t Pay in New York – May 2025 Update

As a part of our quarterly practice group update, we are pleased to produce our latest installation with examples of our continued success in fraud litigation. This is our fourth year of this publication, and in February 2024,… more

Due Diligence, Employer Liability Issues, Fraud, Insurance Claims, Insurance Litigation

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Joshua Milrad

New Guidance for Defining the ‘Waters of the United States’

The Environmental Protection Agency announced March 10 it will be revising the definition for the Waters of the United States Rule (WOTUS). In a news release it said, “[t]he agencies will move quickly to ensure that a revised… more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Jurisdiction

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Thomas More Buckley

Anticipated Regulatory Changes with OSHA

With President Donald Trump now in his second term, several changes to the Occupational Safety and Health Administration (OSHA) are anticipated based on his previous administration’s approach, current policy signals, and the… more

Biden Administration, Enforcement Actions, Federal Labor Laws, New Regulations, OSHA

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William Morrison

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that judges,… more

Attorney's Fees, Employer Liability Issues, Workers Compensation Board, Workers' Compensation Claim

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Ashley Moss

Pennsylvania Department of Labor & Industry Bureau of Workers’ Compensation has created the Direct Deposit Payment Authorization Form

Following the signing of Senate Bill 1232 amending the Pennsylvania Workers’ Compensation Act to require that employers and insurers offer claimants the option to receive their Workers’ Compensation payments by way of direct… more

Compliance, Direct Deposit, Employee Benefits, Employment Litigation, Insurance Claims

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Colleen Murphy

[Webinar] Practical and Tactical Approach to Good Faith Claims Handling in the Current Bad Faith Environment - March 22nd, 12:00 pm - 1:00 pm EDT

Bad faith is a continuum and must be considered from claims stage to trial. Insurance law veterans Thomas F. Segalla and Colleen M. Murphy will help you understand tools and potential solutions to the challenges faced by claims… more

Bad Faith, Good Faith, Insurance Claims, Insurance Industry, Insurance Litigation

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Chloe Nowak

Supreme Court: Plaintiffs Claiming Reverse Discrimination Not Required to Meet Heightened Evidentiary Burden

The U.S. Supreme Court on June 5 rendered an opinion in Ames v. Ohio Department of Youth Services (Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).), resolving a circuit split regarding the applicable standard… more

Disparate Treatment, Employer Responsibilities, Employment Discrimination, Employment Litigation, Reverse Discrimination

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Joseph Oliva

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability… more

Commercial General Liability Policies, Construction Industry, Construction Workers, Employer Liability Issues, Exceptions

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Zachary Oliva

[Webinar] Excess Insurance: A Basic Primer for Handling High-Value Exposures - May 16th, 12:00 pm - 1:00 pm EDT

Join Goldberg Segalla attorneys Zachary D. Oliva and Thomas M. Wester for a free interactive webinar as they discuss the duties and obligations of excess insurers when presented with high-value claims… more

Excess Policies, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Esther Omoloyin

Fraud Doesn’t Pay in New York – August 2023 Update

An Overview of Recent Decisions Demonstrating the Board’s Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment showing our continued success… more

Compensation, Fraud, Lost Wages, Medical Bills, Medical Records

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Dustin Osborne

Another Win for Professional Employer Organizations at New York Third Department

Another day, another chapter in the evolving world of New York Workers’ Compensation for Professional Employer Organizations (PEOs). As discussed in prior updates, this decision follows the foundational Third Department rulings… more

Appeals, Employer Responsibilities, Employment Contract, Independent Contractors, Insurance Claims

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Endell Osuna

The Expansion of Dog Owner Liability in New York

In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its… more

Appeals, Dogs, Insurance Claims, Insurance Industry, Insurance Litigation

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Lauren Palermo

Form Filing Update: NY WCB Distinguishes Between TTD and PPD Benefits

Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates Effective July 3, 2023, Forms C-25 and C-27 have been… more

Employer Liability Issues, Updated Forms, Workers Compensation Board, Workers' Compensation Claim, Workplace Injury

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John Parker

DuPont Agrees to Record-Breaking Settlement to Resolve PFAS Contamination in New Jersey

Following a series of bench trials in federal court, DuPont and its affiliates reached a $2.5 billion settlement with the State of New Jersey to address decades of environmental contamination from PFAS… more

Contamination, Corporate Counsel, Drinking Water, DuPont, Enforcement Actions

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Anthony Perchiacca

Louisiana Federal Court Grants Talc Defendants’ Motion to Dismiss Plaintiff’s Claims for Punitive Damages & Civil Conspiracy In Asbestos Action

Pamela Davis Lyles vs. K&B Louisiana Corporation, et al. In this asbestos action, plaintiff Pamela Davis Lyles alleges asbestos exposure from the daily use of Johnson & Johnson’s Baby Powder and Shower-To-Shower between 1969 and… more

Asbestos Litigation, Civil Conspiracy, Dismissals, Federal Rule 12(b)(6), Motion to Dismiss

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Reed Podell

Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of… more

Building Codes, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Cheryl Possenti

[Webinar] Lithium-Ion Battery Technology: Design 101 and Litigation/Regulatory Issues - September 21st, 12:00 pm - 1:00 pm EST

What makes Lithium Ion (Li-Ion) technology both the best thing since sliced bread and potentially hazardous? Join Goldberg Segalla attorneys Robert J. Hafner, Cheryl A. Possenti, and John W. Meyer to learn the basics behind the… more

Bodily Injury, Chief Risk Officers (CRO), Claims Adjusters, Corporate Counsel, Energy Sector

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Viktoriia Protsyk

Is a Workers’ Compensation Claimant Entitled to Temporary Total Indemnity Benefits after Retirement in Connecticut?

Key Takeaways - Under Conn. Gen. Stat. § 31-307 (a), in order for a claimant to be entitled to temporary total indemnity benefits, his injury must result in a total incapacity to work, defined as “the inability of the… more

Appeals, Indemnity Claim, Workers' Compensation Claim

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Rebecca Rabideau

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for… more

Bodily Injury, Damages, Defense Strategies, Expert Testimony, Jury Trial

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Jessica Reich

California Jury Returns Asbestos Verdict For Auto Parts Companies

Court: Calif. Super., Los Angeles Co. - Plaintiff, Ronald Carpenter, filed suit against various defendants, claiming his lung cancer was caused by exposure to asbestos from their products. Carpenter alleged various exposures,… more

Asbestos, Asbestos Litigation, Bodily Injury, California, Causation

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Joshua Roberts

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order… more

Attorney's Fees, Employer Liability Issues, Penalties, State Labor Laws, Workers Compensation Awards

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Kristen Romano

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that judges,… more

Attorney's Fees, Employer Liability Issues, Workers Compensation Board, Workers' Compensation Claim

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David Rutkowski

[Webinar] Cosmetic Talc Litigation: Recent Developments and Trends - August 7th, 12:00 pm - 1:00 pm EDT

With events in talc litigation happening on an almost daily basis, this is a must-see webinar exploring the most recent developments, major verdicts, and decisions in cosmetic talc litigation. Join attorneys from our Toxic Tort… more

Cancer, Cosmetics, Jury Verdicts, Toxic Chemicals, Toxic Exposure

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Jessica Saad

2023 Second Quarterly Asbestos Bankruptcy Trust Alert

Many bankruptcy trusts expanded their approved jobsite lists in the second quarter of 2023, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also… more

Asbestos, Class Action, Compensation, Punitive Damages

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Jennifer Santoro

CMS Issues Alert & WCMSA User Guide Update; Positive Changes Expedite Allocation Practice

Beginning April 7, the Centers for Medicare & Medicaid Services (CMS) will eliminate its one-year waiting period for Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Amended Review requests. Instead, CMS will allow… more

Appeals, Centers for Medicare & Medicaid Services (CMS), Compliance, Health Insurance, Insurance Claims

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Jillian Saputelli

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary… more

Appellate Courts, Auto Insurance, Declaration, New Jersey

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Jonathan Schapp

Louisiana Supreme Court Reopens Window Reviving Childhood Sexual Abuse Claims

On June 13, 2024, the Louisiana Supreme Court vacated its prior decision deeming the revival provisions of Section 2 of 2021 La. Acts 322 and Section 2 of 2022 La. Acts 386 unconstitutional, finding now that the legislature’s… more

Child Abuse, Deadlines, Due Process, LA Supreme Court, Louisiana

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Aaron Schiffrik

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor… more

New York, State and Local Government

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Andrew Scholz

Pittsburgh Jury’s Attempt to Award $22 Million in Johnson & Johnson Talc Case Highlights Trial Complexities

On Jan. 6, a Pittsburgh jury concluded a month-and-a-half long trial involving a suit asserting that decedent Michaeleen Lee developed mesothelioma from exposure to asbestos-containing talcum powder products made by Johnson &… more

Asbestos Litigation, Damages, Johnson & Johnson, Jury Trial, Litigation Strategies

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Michael Schweitzer

Connecticut Legislature Passes Significant Amendments to Workers’ Comp Act in Response to Controversial Supreme Court Decision

The Connecticut Legislature scrambled to pass legislation in response to the Connecticut Supreme Court’s controversial decision two months ago in the case of Beulah Gardner v. Department of Mental Health and Addiction Services… more

Amended Legislation, Appeals, Connecticut, Employment Litigation, Insurance Industry

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Thomas Segalla

[Webinar] Practical and Tactical Approach to Good Faith Claims Handling in the Current Bad Faith Environment - March 22nd, 12:00 pm - 1:00 pm EDT

Bad faith is a continuum and must be considered from claims stage to trial. Insurance law veterans Thomas F. Segalla and Colleen M. Murphy will help you understand tools and potential solutions to the challenges faced by claims… more

Bad Faith, Good Faith, Insurance Claims, Insurance Industry, Insurance Litigation

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Michael Shalhoub

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for… more

Bodily Injury, Damages, Defense Strategies, Expert Testimony, Jury Trial

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Allegra A. Sinclair

EEOC Continues to Shine Spotlight on Construction Industry

In a post last year, we discussed how examining the EEOC’s annual reports and Strategic Enforcement Plan could provide guidance as to how the agency intends to allocate its resources and enforcement efforts in the upcoming year… more

Anti-Discrimination Policies, Anti-Harassment Policies, Best Practices, Construction Industry, Employee Training

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Brian Smith

[Webinar] Recent Amendments to Connecticut’s Workers’ Compensation Act: A Response to Gardner v. State - June 25th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla partners Samantha Levasseur and Brian Smith will host this live webinar in response to the recent legislative amendments to Connecticut’s Workers’ Compensation Act — the most significant changes to the act in… more

Amended Legislation, Connecticut, Webinars, Workers Compensation Act, Workers' Compensation Claim

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James Specyal

New York Labor Law Update Fall 2022

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. Cases are organized by court and date. If you have any questions about cases reported in this Labor… more

New York, State and Local Government

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Paul Steck

Insurer Determined to Owe a Duty to Defend Asbestos Exposure Claims from Vermiculite Mining

This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic… more

Appeals, Asbestos, Asbestos Litigation, Bodily Injury, Duty to Defend

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Daniel Strick

New Jersey Attorney Cleared of Alleged Malpractice

The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla. Goldberg Segalla’s client was the… more

Attorney Malpractice, Breach of Contract, Dismissals, Insurance Claims, Insurance Litigation

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Kevin Sullivan

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary… more

Appellate Courts, Auto Insurance, Declaration, New Jersey

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Christine Taylor

Free Speech in the Workplace: Caution and Advice

With any change in political climate, it is hard for employers to navigate the statements of employees, both during the workday and their off time. Employees who make their political positions public often point to the First… more

First Amendment, Free Speech, State Labor Laws, Transparency, Workplace Communication

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Stacy Tees

Pennsylvania Department of Labor & Industry Bureau of Workers’ Compensation has created the Direct Deposit Payment Authorization Form

Following the signing of Senate Bill 1232 amending the Pennsylvania Workers’ Compensation Act to require that employers and insurers offer claimants the option to receive their Workers’ Compensation payments by way of direct… more

Compliance, Direct Deposit, Employee Benefits, Employment Litigation, Insurance Claims

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Chad Thompson

Appellate Court's Liberal Ruling on Accident and Causation

KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not need… more

Appeals, Appellate Courts, Arbitration, Causation, Preexisting Conditions

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Antonio Troese

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or… more

Americans with Disabilities Act (ADA), Cannabis-Related Businesses (CRBs), Controlled Substances Act, DEA, Drug Testing

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Matthew Trokenheim

Managing Your Company’s Risk of Copyright Infringement

In the Internet era, every firm has a risk of copyright infringement. Employees copy and paste photos from the internet or embed social media posts to the company’s website or into a press release or news article. Images stored… more

Copyright, Copyright Infringement, Fair Use, Intellectual Property Protection, Licenses

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Oliver Twaddell

Study Claims PFAS Can be Destroyed and Converted into Fluorochemicals with Finite Phosphate Saved for Reuse

Do you want to destroy PFAS? But why stop there? Continue on to convert them into high value fluorochemicals, and recover and reuse the phosphate salts. That’s what one new study claims it can do… more

Chemicals, Clean Water Act, Environmental Policies, Hazardous Substances, PFAS

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S. Philip Unwin

CMS Issues Alert & WCMSA User Guide Update; Positive Changes Expedite Allocation Practice

Beginning April 7, the Centers for Medicare & Medicaid Services (CMS) will eliminate its one-year waiting period for Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Amended Review requests. Instead, CMS will allow… more

Appeals, Centers for Medicare & Medicaid Services (CMS), Compliance, Health Insurance, Insurance Claims

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Michael Urcuyo

Investigating Jurisdiction Defenses in Medical Provider Claims Concerning Construction Workers in New Jersey

Key Takeaways - New Jersey can exercise jurisdiction over a medical provider claim if they can exercise jurisdiction over the underlying claim. The New Jersey Appellate Division set forth six factors to determine whether… more

Construction Workers, Jurisdiction, New Jersey, Unions, Workplace Injury

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Andrew Verrier

When Lawyers Can Speak: Self-Defense Exception to Confidentiality

Under Rule 1.6(c)(4) of the Pennsylvania Rules of Professional Conduct — and similar rules in many states — a lawyer may disclose confidential client information “to the extent the lawyer reasonably believes necessary” to defend… more

Attorney-Client Privilege, Confidential Information, Legal Ethics, Professional Liability, Rules of Professional Conduct

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Joseph Welter

[Webinar] Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts - May 30th, 12:00 pm - 1:00 pm EDT

As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize the… more

Bias, Catastrophic Events, Insurance Claims, Insurance Industry, Juror

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Thomas Wester

[Webinar] How to Handle Multiple Claimants and Insureds with Insufficient Policy Limits - July 31st, 12:00 pm - 1:00 pm EDT

Questions arise when an insurer is faced with multiple claimants and insufficient policy limits to settle all claims. Join partners Colleen E. Hayes and Thomas M. Wester for a discussion of the approaches various jurisdictions… more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Interpleaders

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Brady Yntema

Navigating the Time-Limited Policy Limits Demand: Best Practices for Insurers and Defense Counsel

In the evolving landscape of insurance litigation, the time-limited, policy limits demand has emerged as a high-stakes challenge for insurers, defense counsel, and claims professionals alike. These demands – often issued early… more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Insurance Regulations

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Jonathan Ziss

Navigating the Non-Profit Boardroom: Best Practices for Defense Counsel in Attorney-Client Relationships

Introduction - Non-profit boards are the backbone of countless community institutions – from homeowners associations and religious congregations to private schools and arts organizations. Yet, when these boards face litigation,… more

Attorney-Client Privilege, Best Practices, Board of Directors, Corporate Governance, Insurance Litigation

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Ian Zolty

PEO Reporting Requirements Update

PEOs operating in New Jersey should be aware that S2357 was signed into law in November 2022 as P.L. 2022, c. 120 (“the Act”).The Act went into effect on July 31, 2023. While the Act has not yet changed the reporting… more

Compliance, Department of Labor (DOL), Employee Benefits, Employer Liability Issues, Employment Policies

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