News and Publication Archive
Publications
All employers are required to complete an I-9 Form when a new employee is hired. Employers are also required to submit W-2 Forms to the Internal Revenue Service (IRS). ... Read More
The at-will doctrine has been a central tenet of American employment law for over a century ... Read More
It is common knowledge these days that the provisions of a construction contract govern the rights and responsibilities of the various project participants and those entities that sign the construction contract are bound by its terms until project completion. ... Read More
Newsletter published by Segal McCambridge New York office ... Read More
This issue of The Toxic Tort Newsletter contains the second part of David Walter’s comprehensive review of MTBE litigation and ... Read More
The Prompt Pay Act (Senate Bill 324) or contingency pay bill was signed into law this summer by Texas Governor Rick Perry ... Read More
The 2007 Session of the Texas Legislature closed on May 28, 2007 failing to pass Senate Bill 346 and its identical companion bill, House Bill 1152 ... Read More
We are pleased to present the inaugural edition of our Insurance Coverage Newsletter. Our goal is to address current insurance and reinsurance coverage issues of interest and present them to our many clients and friends ... Read More
Pending in the 80th Texas legislative session were two similar bills introduced in the Senate and House of Representatives that sought to establish standards for the coverage afforded by and administration of Controlled Insurance Programs (“CIPs”) ... Read More
The free exercise of religion is one of the foremost rights granted to all Americans. Our legal system provides numerous protections and guarantees to ensure the full enjoyment of that right. One example is Congress´ inclusion of religion as a protected classification under Title VII of the Civil Rights Act of 1964. As a result, it is unlawful for employers to discriminate against employees on the basis of religion ... Read More
Newsletter published by Segal McCambridge New York office ... Read More
Despite the fact that there have been numerous defense verdicts in welding rod litigation over the past 15 years, the cases continue to be filed. In this edition of the Toxic Tort Newsletter, we examine the status of the litigation, the related epidemiology and the future of the litigation. ... Read More
The recent rise in toxic exposure lawsuits has renewed the dialogue about an old friend. The Frye “general acceptance” admissibility standard,1 first shaped in 1923, created the initial “court as the gatekeeper” function that reigned for almost three-quarters of a century. ... Read More
As the United States Congress contemplated creating a trust fund to compensate individuals suffering from asbestos-related diseases ... Read More
Newsletter published by Segal McCambridge New York office ... Read More
The recent New York Court of Appeals decision in Parker v. Mobil Oil Corp.1 seems to have caught many off guard. After bracing for affirmation of a seemingly higher Frye standard,2 the legal community was surprised with the Court’s broad strokes. ... Read More
It is possible, perhaps even likely, that many companies have given little or no thought to immigration issues when targeting a company for a merger or acquisition, when building a due diligence team, or even when reviewing their own company policies and procedures. ... Read More
Most practicing attorneys in New York have experienced obstructive behavior from their adversaries during a deposition. Obstructive behavior can take the form of directing ... Read More
According to the US Department of Health and Human Service's Agency for Toxicity and Disease Study: “[t]oday everyone is exposed to environmental lead. Exposure to lead and lead chemicals occurs from ... Read More
The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) division is actively raiding major corporations and levying sanctions for employment of illegal aliens. ... Read More
In today's enforcement era careful consideration and proper due diligence should be afforded to immigration matters. Deciding if the acquiring company should stand in the shoes of the target company for immigration matters is not a decision to be taken lightly. ... Read More
The universe of toxic tort litigation keeps expanding. New claims for all types of expsures are on the rise. In this edition, we explore a number of new claims. ... Read More
In today’s workplace environment, electronic mail has become an indispensable mode of communication. Its benefits are many. However, as with all technological advancements, its availability creates opportunities for misuse and, by extension, the potential for liability claims. ... Read More
In the wake of the recent Texas Supreme Court decision in Fiess v. State Farm Lloyds, wherein the Court held that mold was not covered under a former version of the Texas standard homeowner's insurance policy, ... Read More
In August 2006, the Institute of Medicine released “Asbestos: Selected Cancers.” The study was written by the Committee on Asbestos: Selected Health Effects Board on Population Health and Public Health Practices. This committee is comprised ... Read More
It is an insurance company's worst nightmare. One of your adjusters opens his/her daily mail to find a default order was entered against the insured 45 days ago in a matter that inadvertently slipped through the cracks ... Read More
In December, 2005, the House passed H.R. 4437, The Border Protection, Antiterrorism, and Illegal Immigration Control Act. In May, 2006 ... Read More
The Texas Supreme Court upheld the mold exclusion in a former version of State Farm's standard homeowners' insurance policy in a 7-2 decision rendered Aug. 31, ... Read More
Typically, the eggshell skull doctrine is a stringent rule that imposes complete liability on defendants. ... Read More
Our fall issue contains information that will bring you up-to-date on some of the topics in the Toxic Tort universe. I present the status on the case of Nolan v. Weil McLain, which challenges the Lipke Rule in Illinois. ... Read More
Common to all asbestos cases is the “state-ofthe-art” defense. “Who knew what?” and “when did they know?” are questions that pervade every trial in which plaintiffs allege damages against asbestos products manufacturers. ... Read More
Medical causation, a difficult enough subject in itself, has for the past 13 years been complicated by the differing standards for admissibility of expert testimony. The Frye “general acceptance” admissibility standard,1 which the U. S. Supreme Court shaped in 1923, created the initial “court as the gatekeeper” ... Read More
The National Toxicology Program, U.S. Department of Health and Human Services, Report on Carcinogens, Tenth Edition, “Carcinogen Profiles 2002,” identifies benzene as a known human carcinogen.1 Benzene is a clear, colorless liquid ... Read More
The steps necessary for attorneys to avoid liability under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., (the “FDCPA”) just increased, thanks to a recent Second Circuit decision in Goldman v. Cohen, 445 F.3d 152 (2d Cir. 2006) ... Read More
We are pleased to present this inaugural edition of our Employment Law Newsletter. Our intent is to present and discuss current topics of interest and concern to business owners, executives, human resource professionals, managers, supervisors and others, within the sphere of employment law, including ... Read More
Numerous cases have been filed across the country alleging that a plaintiff's cancer is the result of exposure to a product or substance that ... Read More
Liberty and justice for all. Almost all of us grew up pledging our allegiance to this founding principle of our country. Yet today, we fall far short of fulfilling our nation´s promise of "justice for all," a reality that is vividly illustrated ... Read More
When employees leave for the day, are an employer's worries over? Does the employer need to call ahead to warn others that the employee is on their way home? ... Read More
Ephedra, also known as ma-huang, is an herbal remedy that has been used for over 5,000 years to treat common colds, asthma and other upper-respiratory illnesses. ... Read More
On May 8th, in Horwin v. American Home Products, Inc., the U.S. District Court for the Central District of California conducted a Daubert hearing, and granted a defense motion to exclude SV40 testimony offered by Plaintiffs. ... Read More
According to the Federal Trade Commission (FTC), nearly 10 million people were victims of identity theft last year. To curb this problem, the FTC, as part of its jurisdiction under the Fair and Accurate Credit Transactions Act (FACTA) ... Read More
ON APRIL 11, 1980,THE UNITED NATIONS CREated the Convention on Contracts for the International ... Read More
For more than a decade, calls for asbestos litigation reform have been made by nearly everyone involved in the litigation. As the United States Supreme Court stated in Ortiz v. Fibreboard Corporation, ... Read More
These days, virtually any building is a possible target for mold-related problems, but hotels and highrise residential structures face unique challenges ... Read More
As lawyers, we never stop learning. Sometimes the best way to learn is by doing, sometimes by reading and studying, and sometimes through the wisdom and experience of others. Without question we learn from the mistakes ... Read More
How many times has it been suggested to you that one of those mysterious FOIA searches be done for government documents. The red tape and procedures that must ... Read More
Headlines such as "Mold is Gold" and "Forget Plastics - The Future Is in Mold" are a thing of the past. Yet, it is worth taking a moment to understand how mold and construction defect litigation have developed and matured, ... Read More
Items “normally used for personal, family, or household purposes,”1 which include automobiles and motor homes, fall within the definition of “consumer products” covered by the Magnuson-Moss Warranty Act—Federal Trade Commission Improvement Act of 1975 (“MMWA” or “Magnuson-Moss”), 15 U.S.C. § 2101, et seq., and other consumer protection statutes. ... Read More
Toxic tort litigation presents difficult and interesting new challenges. It is a field that changes at an ever-increasing rate and requires specialized knowledge to manage ... Read More
In two unrelated suits, the Ninth Circuit Court of Appeals and the Texas Supreme Court both recently addressed whether dry-cleaners could compel their equipment suppliers to share the costs of cleaning up contamination discovered at the drycleaners' former facilities. ... Read More
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") is a federal statue designed, in part, to protect patients´ confidential health information from unnecessary disclosure by healthcare providers and health insurers. ... Read More
The testimony of an industrial hygienist has become an integral part of a toxic tort case . A trained industrial hygienist can develop information that creates ... Read More
Toxic tort litigation presents difficult and interesting new challenges. It is a field that changes at an ever-increasing rate and requires specialized knowledge to manage it effectively. ... Read More
We have been asked to provide you with our assessment of certain mistakes that manufacturers of consumer and industrial products have made in the defense of mass tort product liability claims – and to offer certain suggestions that will help all of us shape a better future. ... Read More
The Magnuson-Moss Act's fee-shift provision, 15 U.S.C. § 2310(d)(2), may, in some cases, make it more difficult, or sometimes impossible, to settle a case prior to, or early in, the litigation. As a consequence, warrantors may be needlessly forced to litigate, ... Read More
In breach of warranty actions brought against motor vehicle manufacturers or distributor/warrantors under the Magnuson-Moss–Federal Trade Commission Improvement Act of 1975, ... Read More
Pennsylvania's New Motor Vehicle Damage Disclosure Act (73 P. S. § 1970.1 et seq.) became effective June 28, 2000. The purpose of the Act is to assure that purchasers of new vehicles are made aware of any repairs made to their vehicle before they take title to it. ... Read More
At the risk of stating the obvious: Daubert considerations must inform litigation decisions from start to finish. ... Read More
Under Supreme Court Rule 23, the Appellate Court may express decision in one of three ways: a "full opinion" or "a concise written order," or a "summary order." Under subpart (e) of the rule, appellate court "orders" are denied precedential effect ... Read More
This article examines the Seventh Circuit´s approach to the admission of expert evidence under Rule 702 of the Federal Rule of Evidence as construed by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. _____, 113 S.Ct. 2786, 2791, 125 L.Ed.2d 469 (1993). ... Read More
Toxic tort litigation presents difficult and interesting new challenges. It is a field that changes at an ever-increasing rate and requires specialized knowledge to manage it effectively. ... Read More
Toxic tort litigation presents difficult and interesting new challenges. It is a field that changes at an ever-increasing rate and requires specialized knowledge to manage it effectively. ... Read More
News
02.15.08
Segal McCambridge Attorneys Participate As Judges For the Thurgood Marshall Mock Trial Competition01.04.08
Segal McCambridge Attorney, Victoria Ott Keith, Was Interviewed by The Austin American-Statesman09.12.07
Segal McCambridge Partner, Jeffrey Singer, Was Interviewed on ABC 7 Chicago News on September 1102.01.07
Segal McCambridge Partner, Steven A. Hart, Will Co-Chair Mealey'sTM Lead Litigation Conference06.26.06
Segal McCambridge Attorneys Obtain Appellate Victory in Medical Implant Products Liability Case10.27.05
SMSM Obtains Favorable Decision from New York's Highest Court in a Second-Hand Exposure Case08.01.05
SMSM Attorneys Successful at Obtaining Clarification in Indiana Premises Liability Standards