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New Late-Notice Rule Shifts Burden to Insurer
Starting in mid-January 2009, New York will abandon its rule allowing a personal injury or wrongful death insurer to disclaim coverage due to a late notice of claim regardless of whether or not the insurer suffered harm by the delay. Also, injured parties whose coverage is disclaimed for late notice may seek declaratory judgments in personal injury or wrongful death cases to determine the extent of defendants' insurance coverage and whether suits are worth pursuing.Plaintiffs Lawyers in 9/11 Cases Lose Bid to Recoup $6.1 Million in Interest
Plaintiffs lawyers in the 9/11 respiratory cases cannot pass on to clients some $6.1 million in interest costs associated with financing the massive litigation, a New York federal judge ruled Friday. Even though the lead lawyer marshaled opinions by bar associations, court cases and experts to show that borrowing to finance litigation and passing the cost to clients is both legal and ethical, the judge said he would not allow it. "I'm not saying it was unethical. ... What you're getting is too much," he said.Widow Has No Standing to Sue Husband's Lawyers for Malpractice Over Mishandled Will, Judge Finds
Another N.Y. Judge to Leave Due to Low Pay
New York Justice James M. McGuire says he has no other choice than to leave the bench due to lack of a pay raise. In the private sector, "I can plan for my children's future; it is as simple as that," he says. Robert A. Spolzino left the New York bench last year, also due to lack of a raise.Considering Foreseeability in Shaping Liability Under Labor Law
In his Construction Accident Litigation column, Brian J. Shoot, a partner with Sullivan Papain Block McGrath & Cannavo, addresses two current controversies regarding application of Labor Law §240: One concerns the extent to which the element of foreseeability is relevant in assessing liability under Labor Law §240; the second concerns a largely unnoticed trend in which courts have penalized the plaintiff-worker for the transgressions of his or her employer in overstepping the bounds, temporal or geographic, in which the employer was authorized to work.New York Judge Begins Query Into Tobacco Fees
Manhattan Supreme Court Justice Charles E. Ramos told lawyers for six law firms that were awarded $625 million for their work in the state's 1998 tobacco settlement that he will examine whether the fee award is unethical. But several ethics experts say it is highly unlikely that any disciplinary body would find the lawyers had violated Disciplinary Rule 2-106, which bars the collecting of "an illegal or excessive fee."Mass tort status sought for suits over toxins at former Ford site
Ford Motor and two co-defendants are seeking mass tort designation for multiple suits involving 656 plaintiffs who are seeking damages for health hazards from a New Jersey toxic landfill near a former Ford plant. New Jersey's acting administrative director of the courts has issued a notice to the state Bar giving interested parties until Oct. 12 to comment on the request. Last July, Ford and other defendants unsuccessfully tried to remove litigation over the Ringwood Mines Landfill Site to federal court.Trending Stories
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