The Massachusetts Supreme Court recently issued the most comprehensive opinion to date addressing whether an insurer’s duty to defend extends to counterclaims asserted by the insured. The court in Mount Vernon Fire Ins. Co. v. VisionAid,Inc., SJC-12142 (Mass. 2017), held that where an insurance policy provides that the insurer has the “duty to defend any…
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On January 17, 2017, the IRS issued a Guidance Notice classifying syndicated conservation easement transactions as “Listed Transactions,” or presumed tax shelters. A conservation easement is an agreement between a landowner or investor, and a land trust or government agency that permanently limits development of the land with the aim of conservation. The restrictions are…
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In Corwin v. NYC Bike Share, LLC, No. 14-CV-1285, 2017 WL 1399034 (S.D.N.Y. Apr. 13, 2017), the Southern District of New York granted a Motion for Summary Judgment in favor of Alta Planning + Design + Architecture of New York, PLLC (“APD”) against the City of New York (the “City”) based on deviations from APD’s…
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The National Employment Law Project (“NELP”) partnered with several other organizations to spearhead a grassroots movement to encourage employers to change their policies to consider the qualification of job applicants without consideration of their criminal history. Prior to the efforts of NELP, it was commonplace for an employer to ask a job applicant whether the…
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The Washington State Supreme Court recently published an opinion that may impact how courts will approach exclusions in certain liability policies. In Xia v. ProBuilders Specialty Insurance Company, 2017 WL 1532219 (Wash. Apr. 27, 2017), a homeowner became ill soon after moving into a new house. It later was determined an improperly installed exhaust vent…
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In Busch v. Lennar Homes, LLC, No. 5D16-1626, 2017 WL 1372085 (Fla. Dist. Ct. App. April 13, 2017), Florida’s Fifth District Court of Appeals found the trial court improperly dismissed the Homeowner’s complaint regarding construction defects based on the ten year statute of repose. The Court determined the Homeowner’s complaint was not barred by the…
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In Lawley v. Chelsea Hidden Acres, Aaron Ashcraft obtained a defense verdict from Judge Sonny Conwill following a bench trial. The Plaintiff alleged she sustained an injury in the course and scope of her employment as a patient care tech, lifting a resident out of a bed on July 23, 2013. This allegation remained consistent…
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In Federal Ins. Co. v. Singing River Health System, 850 F.3d 187 (5th Cir. 2017), the Fifth Circuit overturned a district court decision that briefly left insurers in doubt whether fees paid to independent counsel could erode the limits of a burning-limits liability policy. In Moeller v. American Guar & Liab. Ins. Co., 707 So….
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Arbitration case filings for year-end 2016 reflected a 7 percent increase compared to cases filed in 2015 during the same time frame. More specifically, 3,435 cases were filed in 2015, but 3,681 cases were filed in 2016. Of the 3,681 cases filed, 68 percent or 2,519 were customer disputes and 32 percent or 1,162 were…
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The United States District Court for the Eastern District of New York has held that Defendants responsible for dumping hazardous waste in a town park are not liable under CERCLA because they did not know of the hazardous nature of the material dumped. Town of Islip v. Datre, 47 E.L.R. 20049 (E.D.N.Y. 2017). In 2013,…
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