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On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before…more
Breach of Contract, Claims Made Policy, D&O Insurance, Denial of Insurance Coverage, Late Notices
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In CE and CLE courses, we hear all the time that the most often cited reason for a grievance or complaint is lack of communication. This truism provides a useful rule of thumb to avoid bad faith claims. Remember, for most…more
Bad Faith, Construction Industry, Insurance Adjusters, Insurance Industry, Insurance Investigations
Brand protection for companies engaged in marijuana-related businesses continues to present special challenges given the federal prohibition on the sale, distribution, and possession of marijuana under the Controlled Substances…more
Brand, Controlled Substances Act, Marijuana, Marijuana Related Businesses, Trademark Registration
Recently, in Rob Levine & Associates Ltd. v. Travelers Casualty and Surety Co., No. 13-560-M, 2014 U.S. Dist. LEXIS 15807 (D.R.I. Feb. 3, 2014), the U.S. District Court for the District of Rhode Island held that a legal services…more
D&O Insurance, False Advertising, Professional Liability
In one of our recent posts we touched on punitive damages in the context of one of the Pinnacle Hip bellwether trials. In this post, we address another interesting aspect of punitive damages: whether they can be used to punish a…more
Compensatory Damages, Due Process, Jury Awards, Punitive Damages, Young Lawyers
Last week, we published an op-ed, "Here are Five things President Trump can't change," in The Hill discussing long-established and irrevocable rules of how D.C. works that Trump and his team need to factor into their thought…more
Attorney Generals, Executive Orders, Inspector General, Procurement Guidelines, Trump Administration
In a recent case before the Delaware Supreme Court, SigaTechnologies v. PharmAthene, the court upheld a Delaware Chancery Court's ruling that an express agreement between parties to negotiate in good faith, even if the subject…more
Breach of Contract, Contract Interpretation, Covenant of Good Faith and Fair Dealing, Damages, Negotiations
In Greene v. Farmers Insurance Exchange, the Texas Supreme Court clarified the scope and application of § 862.054 of the Texas Insurance Code, the "anti-technicality" statute, holding that the clause would only operate in…more
Breach of Contract, Insurance Industry, Insureds, Materiality, Public Policy
In Klutschkowski v. Peacehealth, et al., No. 160615518 (Ore., Sept. 26, 2013), the Oregon State Supreme Court unanimously held that an Oregon statute capping non-economic damages at $500,000 was unconstitutional as applied to a…more
Birth Injuries, Damage Caps, Damages, Medical Liability, Medical Malpractice
This edition of the Cozen O'Connor Aviation Regulatory Update discusses DOT's final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT's proceeding to reallocate some of Delta/Aeromexico's Mexico City and JFK…more
Amtrak, Antitrust Immunity, Aviation Industry, Customs and Border Protection, Delta Airlines
Consistent with what we have been seeing in our own practice, and consumers' growing demand for better access to telemedicine services, a bi-partisan movement is growing in both houses of Congress to expand telehealth services,…more
Medicare Access and CHIP Reauthorization (MACRA), MIPS, Proposed Legislation, Telemedicine
The South Carolina Supreme Court's recent decision in Harleysville Group Insurance v. Heritage Communities, Inc., Appellate Case Nos. 2013-001281 and 2013-001291, 2017 WL 105021 (S.C. Jan. 11, 2017) affirms what is and is not…more
Commercial General Liability Policies, Construction Industry, Insurance Industry, Property Damage, Reservation of Rights
In McGinnes Industrial Maintenance Corporation v. The Phoenix Insurance Company, No. 14-0465, —S.W.3d— (Tex. June 26, 2015), a 5-4 majority of the Texas Supreme Court held that the undefined term "suit" in the standard-form CGL…more
CERCLA, Commercial General Liability Policies, Duty to Defend, EPA, Potentially Responsible Party (PRP)
In Housing. Auth. of New Orleans v. Landmark Ins. Co., 2016 U.S. Dist. LEXIS 24419 (E.D. La. Feb. 29, 2016), the court provided a rare analysis of the interplay between a duty to defend in a D&O policy and the allocation clause…more
Contract Terms, Cost Allocation, D&O Insurance, Duty to Defend, Indemnification Clauses
Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump?
During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer…more
21st Century Cures Initiative, ADA, Affordable Care Act, Ambush Election Rules, Anti-Retaliation Provisions
Borrowing from the famous tourism marketing tagline of its neighboring state, a new California law effectively tells employers, "what happens in California stays in California," and gives employees the power to strike down…more
Adjudicatory Process, Employment Contract, Jerry Brown, Pre-Employment Agreements
Rule 23(f) provides for discretionary interlocutory review of an order "granting or denying class-action certification" if a party files a petition for permission to appeal within 14 days after the order is entered. Last month,…more
Appeals, Class Action, Class Certification, Rule 23(f)
The Pennsylvania House of Representatives on April 13, 2016 passed Senate Bill 3, legalizing medical marijuana in the commonwealth of Pennsylvania. The Pennsylvania Senate had approved the bill earlier in the week…more
Decriminalization of Marijuana, Department of Health, Medical Marijuana, Pending Legislation
On April 29, 2014, in a very significant 6-2 decision, the U.S. Supreme Court affirmed EPA's Cross-State Air Pollution Rule (CSAPR or the Rule), overturning a 2012 D.C. Circuit Court of Appeals decision invalidating the Rule…more
Air Pollution, Clean Air Act, Cross-State Air Pollution, EPA, EPA v EME Homer City
On October 26, 2016, the Securities and Exchange Commission (SEC) proposed amendments to the proxy rules to require parties in contested elections to use universal proxy cards that would include the names of all board of…more
Board of Directors, Capital Raising, Director Nominations, Final Rules, Proposed Amendments
Courts in a number of American states, notably California, have found that pollution exclusions in first-party policies are "inherently ambiguous" and that the purpose of such provisions is "to address liability arising from…more
Homeowner's Insurance, Insurance Industry, Pesticides, Pollution Exclusion
Does the efficient proximate cause rule serve to afford coverage for the additional costs to rebuild the foundation of a home in compliance with changed building code requirements beyond the sublimit of liability of an optional…more
Appeals, Building Codes, Construction Industry, Construction Project, Denial of Insurance Coverage
As the Internet of Things continues to grow and expand, the fact that guidance on security measures and protections is a necessity has become increasingly evident. Recently, the National Institute of Standards and Technology…more
Cyber Attacks, Cybersecurity, Data Breach, Internet of Things, NIST
Immigration has been in the forefront of the news since President Trump took office and will likely remain so in the near future. Here, we discuss three key business immigration issues that have seen significant developments in…more
Executive Orders, Foreign Nationals, Foreign Workers, Green Cards, H-1B
The Commonwealth Court of Pennsylvania issued a decision on November 3, 2015, available here, that has significant implications for public utilities in Pennsylvania seeking to recover costs associated with distribution system…more
Cost Recovery, Income Taxes, Public Utilities Commission, Tax Deductions, Tax Rates
If you're a CISO living in New York get ready for the phone calls!!! On September 13, 2016, Governor Andrew M. Cuomo proposed the nation's first cybersecurity regulation. Starting on September 28, 2016 there is a limited 45 day…more
CISO, Cybersecurity, Financial Institutions, NYDFS, Public Comment
Nothing good has come from the Ashley Madison hacking incident, except hopefully some well-deserved apologies to loved ones. Now the E.D. Mo. Court hearing the In Re Ashley Madison Customer Security Breach Litigation, MDL No…more
Ashley Madison, Cybersecurity, Data Breach, Data Privacy, Data Protection
In a much anticipated decision, the Colorado Supreme Court confirmed an employer's right to fire employees for drug use — even state-licensed use of medical marijuana. The court ruled in a unanimous decision that Dish Network…more
CO Supreme Court, Dish Network, Drug & Alcohol Abuse, Hiring & Firing, Medical Marijuana
In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed…more
Appeals, Aviation Industry, Federal Aviation Administration (FAA), Manufacturers, Preemption
Today I was interviewed on television about a new type of divorce party. This is not a situation where a newly single person celebrates their freedom from an unhappy marriage, rather, this new type of divorce party has the…more
Child Custody, Divorce, Holidays
Connect Modem Service Not Taxable -
The Pennsylvania Commonwealth Court en banc affirmed a panel decision that service provided by Level 3 Communications to America Online, Inc. constituted internet access service and was,…more
Internet, Internet Tax Freedom Act, Manufacturers, Public Policy, Sales & Use Tax
On September 15, 2016, the New York Supreme Court, Appellate Division, First Department found that an additional insured endorsement provided additional insured coverage only to the entity in direct contractual privity with the…more
Additional Insured Endorsements, Commercial General Liability Policies, Construction Project, Contract Terms, Multi-Party Litigation
After more than a decade of laptop battery fires, coupled with the surge in new battery operated devices causing fires (including hoverboards and e-cigarettes), it seemed almost impossible that news of a new string of…more
Consumer Product Safety Commission (CPSC), Lithium Batteries, Manufacturers, Product Recalls, Smartphones
In BSC Holding, Inc. et al. v. Lexington Ins. Co., — Fed.Appx. –, 2014 WL 929194 (10th Cir., March 11, 2014), the Tenth Circuit recently underscored how difficult it can be for an insurer to demonstrate prejudice as a result of…more
Insurance Industry, Late Notices, Prejudice, Property Insurance, Summary Judgment
Organizers have called for a National General Strike Against the Policies of President Trump on February 17. Many of our clients are asking what their rights are in the event some of their employees choose to participate…more
Employer Liability Issues, NLRA, NLRB, Strike, Trump Administration
In several uncoordinated actions, the dismantling of Securities and Exchange Commission (SEC) regulations promulgated under The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) has begun. In two…more
Conflict Mineral Rules, Consumer Protection Act, Dodd-Frank, Executive Orders, Financial Regulatory Reform
The Irony in Regulating Employee Social Media Speech: the NLRB vs. the FTC -
BREAKING NEWS: Employees use social media. A lot. And, in a related story, Bush beat Gore, according to the Supreme Court. All breaking news, of…more
Employer Liability Issues, Exempt-Employees, FLSA, FTC, Gun Laws
We have all experienced the frustration of having negotiated an acceptable settlement recovery after years of loss investigation and discovery, only to have the settling defendant drag its heels in terms of proffering a release…more
Landlords dealing with troubled tenants often enter into termination agreements that dictate terms for the consensual terminations of unexpired leases. Among other benefits, such termination agreements provide certainty and…more
Commercial Bankruptcy, Commercial Leases, Corporate Counsel, Fraudulent Transfers, Lease Termination
Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and…more
Attorney-Client Privilege, Corporate Officers, Fifth Amendment, SEC, Securities Fraud
This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. LEXIS 7489 (Tex.App., Jul. 21, 2015), a Dallas panel of Texas' intermediate level appellate court rejected policyholder…more
Appeals, Claims Made Policy, Contamination, Environmental Liability, Insurance Industry
On July 23, 2015, the Third Circuit invalidated, as being contrary to the Medicare statute, the U.S. Department of Health and Human Services' (HHS) Medicare wage index "reclassification rule," 42 C.F.R. § 412.230(a)(5)(iii)…more
Chevron Deference, HHS, Hospitals, Medicare, Reclassification Rules
On Monday, the Colorado Supreme Court issued its decision in American Family Mut. Ins. Co. v. Hansen, No. 14SC99 (Colo. June 20, 2016), holding that extrinsic evidence can only be used to interpret ambiguous policy language, not…more
Ambiguous, Auto Insurance, Bad Faith, Breach of Contract, CO Supreme Court
In last year's materials, loosely styled "Make America Great Again!," we ruminated upon (and also thought about) what role, if any, federal income taxes might play in helping to make America great again, once the interminable…more
1099s, Affordable Care Act, Employment Tax, Estate Tax, Gift Tax
Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase…more
Competition, Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Multidistrict Litigation
As hospitals look to forge alignments with medical staff physicians and many "independent" physicians consider whether they want to become employees of a hospital or health system or remain independent operators of their own…more
Healthcare, Hospitals, Leases, Physicians
In a victory for insurers, the United States Court of Appeals for the Third Circuit recently rejected an insured's discovery request for reserve information in a first-party bad faith action. In its April 29, 2014 decision in…more
Appeals, Bad Faith, Discovery, Insureds
The April 8, 2015 decision of the California Court of Appeals in Ass'n. of Cal. Insurance Companies v. Jones, 2015 WL 1569669, 2015 Cal. App. LEXIS 298 (Cal.Ct.App., Apr. 8, 2015) held that the state's Insurance Commissioner…more
Appeals, Homeowner's Insurance, Insurance Litigation, Property Damage, Replacement Costs
On August 29, 2016, the U.S. Court of Appeals for the Tenth Circuit affirmed a Colorado district court ruling that the sudden obliteration of a building in a 2013 mudslide did not constitute an "explosion" under a commercial…more
Appeals, Commercial Insurance Policies, Commercial Property Owners, Denial of Insurance Coverage, Insurance Industry
On Friday, October 21, 2016, Governor Cuomo signed a bill banning the illegal advertising of apartment or units in Class A buildings on home-sharing sites such as Airbnb. The bill piggybacks on the 2010 law, which banned rentals…more
Advertising, Affordable Housing, Apartments, Governor Cuomo, Rental Property
Mississippi essentially has three levels of claim when insurance is at issue: (1) mere breach of contract, allowing recovery of contract damages; (2) breach of contract + no arguable basis for breach, which entitles recovery of…more
Appeals, Bad Faith, Bifurcation, Breach of Contract, Insurance Litigation
Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding because they enjoy immunity from tort claims. So, for…more
Flood Insurance, Government Entities, Governmental Employees Tort Immunity Act, Insurance Industry, Subrogation
As the end of the Supreme Court term approached, decisions came down fast and furious. Last week's big decisions, at least around our nerdish water cooler, were Halliburton and Fifth Third Bancorp v. Dudenhoeffer. (Yes, we know…more
Cell Phones, Employee Benefits, ERISA, ESOP, FIfth Third Bancorp v Dudenhoeffer
On August 24, 2016, the Securities and Exchange Commission (SEC) announced enforcement actions against 71 municipal issuers and other obligated persons (collectively, the municipal issuers) under the SEC's Municipalities…more
Disclosure Requirements, Enforcement Actions, False Statements, MCDC, Municipal Bonds
On December 1, 2016, the Florida Supreme Court held in an insurance coverage case that "when independent perils converge and no single cause can be considered the sole or proximate cause, it is appropriate to apply the…more
Appeals, Concurrent Causation, Insurance Industry
There are two main sources of reporting requirements for foreign investors in the United States — the Internal Revenue Service and the Bureau of Economic Analysis. The IRS recently upped its game by requiring reports from wholly…more
Annual Reports, Bureau of Economic Analysis, Covered Entities, Employer Identification Number (EIN), Foreign Investment
A federal court in Washington recently issued an unpublished decision affirming that a common policy exclusion protects insurers from having to provide coverage in certain cases of alleged privacy violations. The same court…more
Commercial General Liability Policies, Corporate Counsel, Insurance Industry, Personally Identifiable Information, Policy Exclusions
The U.S. Department of Labor (DOL) issued long awaited re-proposed regulations governing fiduciary status and investment advice titled "Definition of the Term 'Fiduciary'; Conflict of Interest Rule—Investment Advice" for public…more
DOL, ERISA, Fiduciary Duty, FINRA, Investment Adviser
On June 2, 2014, the Washington State Court of Appeals issued a published opinion regarding what constitutes a "suit" in the context of environmental liability claims under the Model Toxics Control Act (MTCA). The court held…more
Contamination, Department of Toxic Substances Control, Duty to Defend, Toxic Exposure
The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that "uncollectibility" is an affirmative defense to a…more
Attorney Malpractice
The Fair Labor Standards Act (FLSA) got a lot of attention in 2016, and as we move into 2017, there is significant speculation as to what will happen next…more
DOL, FLSA, Minimum Salary, Minimum Wage, Over-Time
Earlier this month, a Massachusetts Appellate Court affirmed a trial court's award of bad faith damages in a case where it found the insurer's approach to a claim to be "at best inattentive, if not incompetent." Although the…more
Bad Faith, Insurance Litigation, Subcontractors
The Pennsylvania Supreme Court in Pennsylvania Nat'l Mut. Cas. Ins. Co. v. St. John, et al., 2014 WL 7088712 (December 15, 2014), has affirmed that a first manifestation trigger applies to property damage claims under a CGL…more
Commercial General Liability Policies, Insurance Litigation, Multiple Trigger, Property Damage, Triggering Event
At its January meeting, the FERC issued a Notice of Proposed Rulemaking (NOPR) proposing (1) specific processes for allocating real-time uplift costs from deviations to market participants and (2) providing more information…more
Electricity, Energy Market, Energy Sector, Energy Storage, FERC
It goes without saying that there's been much attention given to the use of social media in litigation. As litigators, we regularly monitor Facebook, LinkedIn, Instagram and other social media networks to surveille those who…more
Notifications, Service of Process, Social Media, Social Networks
Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By…more
Bad Faith, Emergency Orders, Enforcement, Hurricane Matthew, Hurricane Season
On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection…more
Consumer Protection Act, Cybersquatting, Damages, Domain Names, Facebook
In our increasingly mobile society, it is not uncommon for couples to relocate numerous times throughout their marriage and acquire property and assets in different states. When a divorce dissolves the marriage and forces a…more
Divorce, In Rem Jurisdiction, Marital Assets, Marriage, Personal Jurisdiction
On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the Economic…more
Asset Seizure, Damages, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte
Summary of Holding -
In a recent opinion, in a case of first impression at the circuit level, the U.S. Court of Appeals for the Third Circuit held that maritime carriers and their customers may contractually extend the…more
Appeals, Commercial Bankruptcy, First Impression, Liens, Shipping Cargo
Two registries of significant interest to shipowners are the registries of the Republics of the Marshall Islands and Liberia. Significantly, insofar as it does not conflict with the statutory laws, each country has adopted the…more
Federal Admiralty Law, Maritime Transport, Vessels
The New Jersey Supreme Court ruled on August 22 that consumers' state-law claims that manufacturers of a generic Reglan, a heartburn medication, did not adequately warn about its risks are not preempted by federal law…more
FDA, FDCA, Generic Drugs, Marketing, NJ Supreme Court
On July 29, 2016, the Federal Trade Commission ("FTC" or "Commission") reversed an FTC administrative law judge's ("ALJ") opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD's…more
ALJ, Data Breach, Data Security, FTC, FTC Act
In a surprise announcement last evening from Beijing, President Obama and Chinese President Xi Jinping committed to ambitious cuts in carbon emissions over the next 15 years with the hope of preventing catastrophic global…more
Carbon Emissions, China, Climate Change, Global Warming
The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in the…more
Employer Liability Issues, Mesothelioma, Workers' Compensation Defense
The U.S. Department of the Treasury and the IRS have just issued anticipated proposed regulations that, if made final, would severely limit the ability of taxpayers to transfer interests in family limited partnerships and…more
Estate Planning, Estate Tax, Family Businesses, Family Limited Partnerships, Gift Tax
Companies in every industry—private and public—struggle with the difficult task of promptly identifying employee wrongdoing and responding appropriately. The National Football League continues to be embroiled in a controversy…more
Chief Compliance Officers, Discipline, Employer Liability Issues, Employment Policies, Ethics
The New York Court of Appeals recently confirmed that the heightened timeliness of disclaimer requirement in New York Insurance Law § 3420(d)(2) does not apply to claims arising from property damage, in KeySpan Gas East Corp. v…more
Disclaimers, Duty to Defend, Insurance Industry, Property Damage
On February 23, 2015, the District Court in Baney v. Fick held that a patient's complications arising from elective surgery do not fall under the purview of the Emergency Medical Treatment and Labor Act, 42 U.S.C. § 1395dd,…more
Healthcare, Surgery
Florida Governor Rick Scott signed HB 87 into law, codified at ch. 2015-165, which amends the notice and opportunity to cure provisions of Chapter 558, Florida's Construction Defect Statute. These amendments will go into effect…more
Amended Legislation, Commercial General Liability Policies, Construction Defects, Construction Industry, Governor Scott
In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC's authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham…more
Administrative Authority, Cybersecurity, Data Breach, Fair Notice, FTC
Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors' expectations for forensic evidence. Commentators have termed jurors' expectations for…more
Evidence, Forensic Examination, Jury Instructions, Jury Trial, Litigation Strategies
On April 8, 2015, U.S. Department of Transportation (DOT) Secretary Anthony Foxx and Federal Aviation Administration (FAA) officials announced during a meeting in New Delhi with India's Minister of Civil Aviation Ashok Gajapathi…more
Aviation Industry, Federal Aviation Administration (FAA), India
Somehow, although certainly not from a clear reading of the Medicare statute, there was long a perceived rule that Medicare would only cover certain services if the patient was making measurable improvement. This created the…more
CMS, Healthcare, Medicare
House Bill 37 ("HB 37"), a bill intended to codify and regulate direct primary care in the State of Florida, which had sailed through the Florida House with virtually unanimous support, died in the Senate as the legislative…more
Healthcare Reform, Pending Legislation
The benefits of enrolling children in extracurricular activities are endless. Not only do they learn how to play a sport or musical instrument, but also soft skills and valuable life lessons, such as teamwork, the importance of…more
Child Custody, Child Support, Co-Parenting, Divorce, Education Expenses
In This Issue:
- Message from the Chair
- On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind?
- The 2014 Supreme Court Decisions Every Employer Should Know
- What to Expect from the…more
Affordable Care Act, Barack Obama, Big Data, Cybersecurity, E-Verify
Superstorm Sandy, which made landfall near Atlantic City, N.J. on October 29, 2012, brought virtually unprecedented destruction to a large swath of the northeastern United States including, in particular, coastal New Jersey, New…more
Commercial Insurance Policies, Flood Insurance, Hurricane Sandy, Property Insurance
On Thursday, October 20, 2016, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) jointly released Antitrust Guidance for Human Resources Professionals (guidance) to explain how…more
Compensation, DOJ, Enforcement, FTC, Hiring & Firing
On June 29, 2015, in responding to a certified question from the U.S. District Court for the District of Hawaii, the Hawaii Supreme Court held in St. Paul Fire & Marine Ins. Co. v. Liberty Mutual Ins. Co., SCCQ-14-0000727, that…more
Bad Faith, Covenant of Good Faith and Fair Dealing, Equitable Subrogation, Excess Policies, Insurance Settlements
On January 1, 2013, the U.S. Congress passed last minute legislation known as the American Taxpayer Relief Act of 2012 to avoid automatic increases in income taxes for millions of Americans, as well as draconian cuts to the…more
Energy Efficiency, Energy-Efficiency Tax Credits, Fiscal Cliff, Tax Credits
The Supreme Court today allowed the states a greater role in regulating the energy sector. In ONEOK, the Court held that states can regulate activities that affect both wholesale and retail transactions to the extent that the…more
Energy Sector, Federal Power Act, FERC, Jurisdiction, Natural Gas Act
Can an insurer be potentially liable for breach of contract or bad faith where the insured can only plead a plausible claim of damages? The Ninth Circuit has answered "yes" in a recent decision in the case of Beverly Burton v…more
Bad Faith, Data Breach, Federal Rules of Civil Procedure, Insurance Industry, Life Insurance
On June 27, 2016, in an 8-0 decision, the U.S. Supreme Court reversed and remanded to the Fourth Circuit the conviction of former Virginia Governor Robert McDonnell on honest services fraud charges and charges that Governor…more
Bribery, Criminal Prosecution, Governor McDonnell, Honest Services Fraud, McDonnell v US
In recognition of the ever-increasing importance of international arbitration as a method of resolving international commercial disputes, Burundi recently became the 150th country to adopt the New York Convention on the…more
Arbitration, Arbitration Agreements, Arbitration Awards, Foreign Arbitration Clauses, International Arbitration
In U.S. Metals, Inc. v. Liberty Mutual Group, Inc., No. 14-0753, 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015) the Supreme Court of Texas ruled that installation of a faulty component does not cause physical injury to the machinery…more
Commercial General Liability Policies, Exxon Mobil, Liberty Mutual Insurance Company, Policy Exclusions, Popular
Effective August 1, 2013, Section 18-1104 of the Delaware Limited Liability Company Act (the Act) was amended to confirm that, absent a provision in the limited liability company agreement to the contrary, the managers and…more
Delaware Limited Liability Company Act, Fiduciary Duty, Limited Liability Company (LLC), New Legislation
In most jurisdictions today, to recover under a strict products liability theory, the Plaintiff must prove that a defect in the subject product was a producing cause of the Plaintiff's damages. More importantly, in order to…more
Economic Damages, Economic Loss Doctrine
On Groundhog Day 2017, the Washington Supreme Court issued its first major opinion interpreting the state's 2007 "Insurance Fair Conduct Act" (IFCA). The decade-old legislation had caused shockwaves among insurers when its…more
Bad Faith, IFCA, Insurance Industry, Insureds, State Farm
According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that defendants…more
Appeals, Bylaws, Condominium Trust, Condominiums, Contract Terms
The Texas Supreme Court handed property owners a major victory on an issue of increasing importance as West Nile Virus and Zika Virus spread around the country. The court held that the doctrine of ferae naturae limits a property…more
Property Owners, TX Supreme Court, Zika
In a staggering verdict, a Texas jury recently awarded over $1 billion against Johnson & Johnson ("J&J") and its subsidiary DePuy Orthopaedics Inc. ("DePuy") (collectively referred to as "Defendants") to six California…more
BMW, CA Supreme Court, DePuy Hip Replacement, Johnson & Johnson, Jury Verdicts
Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In litigation…more
Allstate, Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Property Damage
On Thursday, January 9, 2014, a major chemical spill into West Virginia's Elk Rivet cut off water to more than 300,000 people in the Kanawha Valley and surrounding nine counties. The chemical leak was from a facility owned by…more
Business Interruption, Chemicals, Discharge of Pollutants, Environmental Claims, Environmental Liability
Pennsylvania allows parties to a divorce action to seek both no-fault and fault divorces. While fault remains available, the overwhelming majority of divorces are granted under no-fault grounds. The statutory framework for…more
Bodily Injury, Divorce, Domestic Violence, Marriage, New Legislation
No business is immune to data breach. Digital data in particular can be lost in innumerable ways, causing serious business interruptions and consumer injuries. After falling victim to a hack, virus, or cyber theft, companies…more
Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach, Liability Insurance
Consider the following scenario: You represent a foreign corporation in a breach of contract action in Pennsylvania state court. Your client is seeking substantial damages for unpaid widgets that it shipped to the defendant…more
Breach of Contract, Doing Business, Foreign Corporations, Registration Requirement
On March 25, 2015, the U.S. Supreme Court held that a plaintiff can demonstrate at least a genuine dispute as to whether an employer violates the Pregnancy Discrimination Act (PDA) by accommodating certain categories of injured…more
Essential Functions, PDA, Pregnancy Discrimination, Reasonable Accommodation, SCOTUS
In years past, ground leases were used primarily as vehicles for the development or redevelopment of "stand alone" real estate. The fee owner – typically an investment group that purchased an income property years ago and now…more
Land Developers, Leases, Lenders, Mortgages, Real Estate Development
ArcView Group, which tracks the legal marijuana markets, recently estimated that legal U.S. pot sales could reach $6.7 billion in 2016. As the legal marijuana economy has grown, insurance coverage for this emerging industry has…more
Commercial General Liability Policies, Commercial Insurance Policies, Corporate Counsel, Insurance Industry, Marijuana
On April 27, 2015 the Supreme Court of the United States granted certiorari on a petition filed by Spokeo, Inc., asking the court to review the Ninth Circuit opinion in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014)…more
Article III, ERISA, FCRA, SCOTUS, Spokeo v Robins
In This Issue:
- Message from the Chair
- A Second Obama Administration's Impact on Labor and Employment Issues
- Will There be Comprehensive Immigration Legislation After the 2012 Presidential Election?
Affordable Care Act, EEOC, FMLA, Hurricane Sandy, Immigration Reform
In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer's policy…more
Appeals, Auto Insurance, Bad Faith, Car Accident, Corporate Counsel
On November 12, 2013, in Quellos Group LLC v. Federal Insurance Company, the Washington Court of Appeals affirmed summary judgment in favor of two excess professional liability insurers because the excess policies "require[d]…more
Excess Policies, Policy Limits, Settlement
Mark, Howard and Blake discuss the state of the Democratic race. Also, Bernie Nash and Lori Kalani, co-chairs of Cozen O'Connor's State AG practice, discuss the State AG races…more
Bernie Sanders, Hillary Clinton, Political Candidates, Presidential Elections, Trump Administration
A recent federal District Court decision from Indiana, Autumn Glen Homeowners Ass'n. v. Travelers Ind. Co. of America, 2015 WL 1256391, 2015 U.S. Dist. LEXIS 33317 (S.D. Ind., Mar. 18, 2015) provides insight into both…more
Good Faith, Homeowners' Association, Insurance Industry, Insurance Litigation, Property Damage
On April 20, 2015, the Georgia Supreme Court unanimously held that when an insured fails to seek its insurer's consent to settle a claim, the insured cannot pursue litigation against its insurer to recover settlement amounts…more
All-Party Consent, GA Supreme Court, Insurance Litigation, Settlement
On February 3, 2017, in response to recent Iranian ballistic missile tests, the U.S. Office of Foreign Assets Control (OFAC) added 13 individuals and 12 entities to the Specially Designated Nationals and Blocked Persons (SDN)…more
Iran, Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA), OFAC, SDN List
Texting is becoming ubiquitous in this era of 24/7 connectivity, but a recent court decision stands as a strong reminder that those quickly composed texts can be held up as a "writing" sufficient to seal a multi-million dollar…more
Commercial Real Estate Contracts, Contract Terms, Electronic Communications, Letters of Intent, Offers
In an opinion filed August 5, 2014, the Florida First District Court of Appeal held that under Florida's unclaimed property law, life insurance proceeds are not "due and payable," and the dormancy period does not begin to run,…more
Death Benefits, Escheat, Life Insurance, Notice Requirements, Unclaimed Property
In This Issue:
Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court's Nassar Decision Sets Higher Causation Standard for a Variety…more
Affirmative Action, Background Checks, Big Data, Causation, D.R. Horton
Georgia has a very specific law called "Holt demands" concerning time-limited demands made against a liability insurance policy. In Southern General Ins. Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992), the Georgia Supreme Court…more
Bad Faith, Calculation of Damages, GA Supreme Court, Liability Insurance, Policy Limits
A recent court decision has added support to the idea that there is no privacy on the internet.
In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant to a…more
Evidence, Evidence Suppression, Facebook, Facebook Friends, Fourth Amendment
In Schroeder v. Weighall, 2014 WL 172665 (Wa., Jan. 16, 2014), the Washington Supreme Court invalidated another portion of Washington's medical malpractice reform legislation. Specifically, the court invalidated RCW 4.16.190(2),…more
Healthcare, Medical Malpractice, Minors, Statute of Limitations, Tolling
We have all seen the Herculean deeds of a superhero on television or in the movies. They knock over buildings, use buses as weapons and generally cause super-sized amounts of property damage. Have you ever wondered who pays for…more
Property Damage, Subrogation
Last week's decision by the U. S. Court of Appeals for the Third Circuit in In re: Forever Green Athletic Fields, Inc., No. 14-3906 (3d Cir. Oct. 16, 2015) held that an involuntary bankruptcy petition filed under 11 U.S.C. § 303…more
Bad Faith, Bankruptcy Code, Chapter 11, Chapter 7, Compensatory Damages
Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and…more
Class Action, Class Certification, Daubert Standards, Disqualification, Expert Witness
On Thursday, April 14, 2016, Pennsylvania Governor Tom Wolf signed Act 12 of 2016 (Act 12) into law. Among other things, Act 12 revises Chapter 13 of the Pennsylvania Public Utility Code (the Code) to provide a framework for…more
Acquisitions, Fair Market Value, Governor Wolf, Municipalities, Public Utility
In Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court held that a class-action plaintiff may not avoid the effect of the federal Class Action Fairness Act (CAFA) by "stipulating" he will not seek damages in excess of…more
Amount in Controversy, CAFA, Class Action, Class Certification, Damages
This week, the Division I Washington Court of Appeals granted partial relief to an insurer and held that if an insured is legally insulated from any exposure to a tort victim, the presumption of harm in a bad faith claim against…more
Bad Faith, Estoppel, Insurance Industry, Insurance Litigation
On June 29, 2015, the Israeli Tax Authority extended the deadline for registration of Family Trusts (sometimes referred to as Relatives Trusts), which are trusts created by a non-Israeli grantor for the benefit of one or more…more
Double Taxation, Family Trusts, Filing Deadlines, Income Taxes, Israel
On June 17, 2013, the U.S. Supreme Court handed down a decision that addressed a "reverse payment" settlement agreement between a brand-name pharmaceutical company (plaintiff patent holder) and multiple generic drug companies…more
ANDA, Antitrust Litigation, FTC, FTC v Actavis, Generic Drugs
On January 23, 2013, the Pennsylvania Benefit Corporation Act (the Act) became effective. The Act authorizes a new type of for-profit business corporation known as a benefit corporation. Pennsylvania is now one of 12 states that…more
Benefit Corporations, Corporate Officers, Directors, Investors, Shareholders
Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the…more
Compliance, Shipping, Vessels
As part of admission into a nursing home, a facility typically requires prospective residents to agree to binding arbitration. Arbitrating disputes generally allows nursing facilities to handle disputes without incurring the…more
Arbitration Agreements, Binding Arbitration, CMS, Nursing Homes, Unconscionable Contracts
For the second time in less than a year, the North American Electric Reliability Corporation (NERC) has imposed a six-figure penalty on a participant in the electric market for fundamentally failing to comply with the NERC…more
CIP, Cyber Attacks, Electricity, Energy Sector, NERC
Cannabis products available to consumers under state legalization laws continue to expand in volume and variety. As the industry grows, so too do the risks and liabilities. Though the U.S. Food & Drug Administration (FDA) keeps…more
FDA, Health and Safety, Marijuana, Marijuana Related Businesses
While most political observers were focused last week on the debates surrounding passage of the so-called "Cromnibus" spending bill, less noted was the fact that the U.S. Congress managed to pass a number of cyber-security bills…more
Cybersecurity, Data Protection, DHS, National Security
Last year, we notified you that the city of Philadelphia adopted new energy benchmarking requirements to track and assess energy and water consumption for large commercial buildings. The time has come for owners to comply with…more
Benchmarks, Commercial Leases, Commercial Property Owners, Energy Efficiency, Environmental Policies
On December 9, 2016, the Internal Revenue Service (the IRS) released new regulations under Section 148 of the Internal Revenue Code of 1986, as amended, (referred to herein as the code) regarding the determination of the issue…more
Bonds, Initial Public Offerings, Internal Revenue Code (IRC), IRS, Issue Price
With the arrival of the new year, many are applying the mantra "out with the old, in with the new." Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year's law…more
Attorney-Client Privilege, Bad Faith, Confidential Information, D.R. Horton, Duty to Defend
Many property insurance policies that provide coverage for business interruption losses also include "extra expense" coverage for reasonable and necessary extra costs to temporarily continue as nearly as possible normal business…more
Business Income, Business Interruption, Commercial Insurance Policies, Insurance Industry, Insurance Litigation
Narendra Modi, the newly elected prime minister of India and leader of more than 1 billion people, made his maiden visit to the White House at President Obama's invitation en route to the U.N. General Assembly. Last May, Modi…more
Foreign Policy, India, Trade Policy, WTO
It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor…more
Assignments, Contribution Claims, Homeowner's Insurance, Liability Insurance, Licensees
New York's recently passed legislation, effective April 1, 2014, significantly changes its estate tax regime and income tax regime for certain trusts. This Alert discusses the implications of this legislation…more
Estate Tax, Income Taxes, State Budgets, State Taxes, Trusts
By now most subrogation professionals understand the importance of keeping current with the frequent Consumer Product Safety Commission recall notices. For this blog post we note the following recent notable recalls for the…more
Consumer Product Safety Commission (CPSC), Product Recalls, Subrogation
On January 17, 2017, the Pennsylvania Department of Health ("DOH") released grower/processor and dispensary permit applications ("Applications"), which can be found on Pennsylvania's Medical Marijuana Program website. DOH will…more
Department of Health, Dispensaries, Marijuana Cultivation, Medical Marijuana
The Securities and Exchange Commission (the SEC), the Financial Industry Regulatory Authority (FINRA), and the Municipal Securities Rulemaking Board (the MSRB) announced today the opening of registration for the first Compliance…more
Compliance, FINRA, MSRB, Municipal Advisers, SEC
San Francisco just became the first city in the United States to require employers to provide workers with up to six weeks of fully paid parental leave for the birth or adoption of a child. This benefit applies to mothers and…more
Local Ordinance, Paid Family Leave Law, Parental Leave, Wage and Hour
The Nevada Supreme Court has adopted California's independent counsel rules, holding that an insured is entitled to select its own counsel where an insurer's coverage reservation creates an actual conflict of interest between…more
Attorney's Fees, Conflicts of Interest, Cumis Counsel, Duty to Defend, Insurance Industry
Major credit card companies, including Visa, MasterCard, Discover, and American Express, have announced plans to switch to EMV cards in the United States over the course of 2015…more
Banks, Credit Cards, Cybersecurity, EMV, Fraud
The United Kingdom (UK) voted to leave the European Union (EU).
The vote to leave the EU will not affect the UK's relationship with the European Patent Office (EPO). The EPO is governed by the European Patent Convention…more
Community Designs, EU, European Patent Convention, European Patent Office, Intellectual Property Protection
More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate…more
Browning-Ferris Industries of California Inc., Collective Bargaining, Healthcare, Hiring & Firing, Hospitals
In mid-September, class notices went out in the ongoing Apple E-books class action lawsuit that might have momentarily had Apple's attorneys a little concerned. Over three million potential members of the class received…more
Antitrust Litigation, Apple, Class Action, e-Books, Notice Requirements
Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to…more
Clean Water Act, EPA, Logging, Permits, SCOTUS
Last week, the Seventh Circuit declined to review the asylum application of a bisexual individual who applied for fear of persecution. Ray Fuller, 51, told an immigration judge and the Board of Immigration Appeals that he could…more
Appeals, Asylum, Board of Immigration Appeals, Conditional Permanent Residence, Criminal Prosecution
The California Supreme Court recently held, in Los Angeles Board of Supervisors v. Superior Court (2016) that attorneys' invoices may not be protected by the attorney-client privilege after litigation ends. The issue arose out…more
ACLU, Attorney-Client Privilege, Costco, Legal Fees, Privileged Documents
Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision "creat[ing] a bright-line…more
Appeals, Attorney-Client Privilege, Corporate Counsel, Discovery, Expert Witness
The Supreme Court of the United States has now ruled on the patent eligibility of isolated DNA. On June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, Inc., the Court unanimously held that a "naturally…more
AMP v Myriad, DNA, Gene Patenting, Human Genes, Myriad
It's the morning of your big mediation and you are fully prepared to resolve your case without sacrificing key positions. You and your attorney have set your expectations as to what will happen, who will speak, what the mediator…more
Confidential Information, Enforcement, Mediation, Settlement
The 113th Congress concluded its final legislative work with a $1.1 trillion spending bill, a tax extenders package, and a flurry of nomination confirmations including a new surgeon general. Additionally, the Affordable Care Act…more
Affordable Care Act, CMS, Healthcare, Healthcare Reform, HHS
The rescission of an insurance policy is one of the most underutilized tools in handling insurance claims. If used properly, it unwinds the insurance transaction and the parties are restored to their position prior to the…more
Bad Faith, Insurance Industry, Material Misrepresentation, Misrepresentation, Rescission
Determining where to file suit in a subrogation claim can have implications both monetarily and for convenience. Courts must have jurisdiction over a defendant for the case to proceed. The easiest path to jurisdiction is…more
DaimlerChrysler v Bauman, General Jurisdiction, Personal Jurisdiction, Specific Jurisdiction
Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state's respective statutory claim handling guidelines – New York's Unfair Claim…more
Actual Malice, Attorney's Fees, Bad Faith, Damages, Hurricane Sandy
It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears,…more
Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Security
In Quebec civil law, the claim must be brought under the insurer's name, and not under the insured's name as in Ontario. Once the payment is made, the insurer is subrogated in the insured's rights, and the right to bring a claim…more
Canada, Insurance Industry, Insureds, Subrogation
On June 24, 2013, in a 5-4 decision, the U.S. Supreme Court in Mutual Pharmaceutical Co., Inc. v. Bartlett held that state-law design-defect claims based on the inadequacy of a generic drug's labeled warnings are pre-empted by…more
Design Defects, FDA, Generic Drugs, Mutual Pharmaceuticals v Bartlett, Preemption
In 2014, the University of Pittsburgh Medical Center's computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social…more
Class Action, Data Breach, Dismissals, Duty of Care, Economic Damages
California is once again initiating significant changes to protect informational privacy in the digital world. Governor Jerry Brown recently signed several pieces of legislation in an attempt to protect individuals against…more
Data Collection, Internet Privacy, New Legislation, Personally Identifiable Information, Privacy Laws
On the eve of a criminal trial, you decide to Google the names of a few prospective jurors. One appears to have been suspended from the practice of law due to a criminal conviction. The next day at voir dire, however, the…more
Juror, Jury Selection
On January 27, 2017, President Trump issued an Executive Order (EO), titled, "Protecting the Nation from Foreign Terrorist Entry into the United States." Among other provisions, the EO suspends immigrant and nonimmigrant entry…more
DHS, Executive Orders, Foreign Nationals, Green Cards, Immigrants
While almost everyone's attention is focused on changes that the Trump administration will bring at the national level, New York is about to implement far-reaching regulations that will significantly impact employers throughout…more
DOL, Exempt-Employees, Minimum Salary, Minimum Wage, Non-Exempt Employees
Yesterday, the Supreme Court released its highly-anticipated decision in Hallburton Co. v. Erica P. John Fund, Inc. As we (and, to be fair, others) predicted after the oral argument, the Court did not have the appetite to…more
Basic v Levinson, Class Action, Class Certification, Corporate Counsel, Fraud
Last month, we discussed the duty to follow-up in the context of an offer to settle made by a tort claimant and how neglect of that duty cost an insurer dearly by converting a claim that could have been settled for $25,000 into…more
Auto Insurance, Bad Faith, Damages, Insurance Industry, Partial Summary Judgments
The Court of Appeal in AIG Europe Ltd v OC320301 LLP (formerly The International Law Partnership LLP) has ordered a retrial of the question of whether actions brought by 214 investors in two failed holiday property schemes in…more
Aggregation Rules, Appeals, Commercial Court, Escrow Accounts, Indemnity Insurance
Word spread quickly Monday (December 20, 2016) about CMS' issuance of final regulations (to be published in the Federal Register on January 3, 2017) rolling out new mandatory bundled payments models for Acute Miocardial…more
CMS, HHS, Incentives, Medicare, Medicare Access and CHIP Reauthorization (MACRA)
A recent decision in District Court in New Jersey may interest insurers subrogating transportation claims. In particular, it sets forth the legal argument to challenge target-carriers' arguments about purported limitations of…more
Damages, Interstate Commerce, Limitation of Liability Clause, Subrogation
Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims.
In today's virtual age, consumers…more
Actual or Constructive Knowledge, Amazon, Arbitration, Barnes and Noble, Browsewrap Agreement
On January 1, President Obama signed the American Taxpayer Relief Act of 2012 into law to prevent the country from going over the proverbial "fiscal cliff." The fiscal cliff deal prevents the scheduled 26.5% cut in reimbursement…more
Affordable Care Act, American Taxpayer Relief Act, CLASS Act, Co-Op, Fiscal Cliff
Telemedicine is now mainstream. Surprisingly, however, one area in which telemedicine has not been used to its fullest capability is drug addiction treatment. As you are aware, the country is in the midst of an addiction crisis…more
Drug & Alcohol Abuse, Health Care Providers, Telemedicine
A new federal mandate requires most commercial truck drivers to "go green" by trading in their old paper logs for electronic logging devices (ELDs) by December 18, 2017. Thought to affect roughly 3.5 million truck drivers, the…more
Commercial Truck Drivers, Department of Transportation (DOT), Electronic Devices, Trucking Industry
It can be frustrating when pursuit of a products liability case is not economically feasible due to the small dollar value of the claim. This is especially true with repetitive failure claims – when the same type of product…more
Boilers, Manufacturers, Manufacturing Defects
The recent introduction of H.R. 4727 in the House of Representatives marks the first step toward insulating freight brokers and third-party logistics providers (3PLs) from claims by plaintiffs who seek an alternate source for…more
Commercial Truck Drivers, Hiring & Firing, Trucking Industry
In August 2013, we reported that Christmas had come early for the California subrogation community due to a recent decision from the Court of Appeals which found that the "Right to Repair Act" (SB 800) did not apply to cases in…more
Actual Injuries, Construction Defects, Damages, Right to Repair, Subrogation
A panel of the Commonwealth Court of Pennsylvania held that group homes maintained by a nonprofit for persons with intellectual disabilities were not entitled to real estate tax exemptions as charities. ARC Human Services, Inc…more
Non-Profits, Property Tax, Tax Exemptions
From luxury vehicles melting on the streets of London to sunbathers being attacked by a "death ray" at a Las Vegas pool, splashy news reports highlight unanticipated hazards associated with the use of low-e glass in new…more
Exclusions, Negligence, Property Damage, Subrogation, Warranties
In the recent decision of St. Francis Assisi v. Kuwait Finance House, et al., Case No. 3:16-cv-3240-LB (N.D. Ca. September 30, 2016), the U.S. District Court for the Northern District of California allowed a plaintiff to serve a…more
Federal Rules of Civil Procedure, Foreign Defendants, ISIS, Social Media, Twitter
In 2011, the California Insurance Commissioner promulgated a regulation governing replacement cost estimates for homeowners insurance (Cal. Code Regs., tit. 10, §2695.183 [the Regulation]). After the trial court and intermediate…more
Administrative Procedure Act, CA Supreme Court, Denial of Insurance Coverage, Homeowner's Insurance, Insurance Litigation
The U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) recently announced their 2015 exam priorities for their respective examination programs. Both the SEC and FINRA have…more
Broker-Dealer, FINRA, Industry Examinations, Investment Adviser, OCIE
A decision issued by the U.S. Court of Appeals for the Third Circuit on April 20, 2016, affirms the ability of ocean carriers and their customers to extend and/or modify the possessory lien that carriers have on cargo under…more
Contract Terms, Federal Maritime Commission, Liens, Shipping Cargo, Vessels
On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, New Jersey's version of "ban the box." When the law takes effect on March 1, 2015, companies who employ 15 or more employees will be…more
Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants
On Friday, April 26, the Centers for Medicare and Medicaid Services (CMS) issued a crucial payment system rule that proposes updated rates and regulatory policies for inpatient hospitals (including inpatient psychiatric…more
CMS, Document Coding, Healthcare, Hospitals, Long Term Care Facilities
Recently, as the pace of "going global" speeds up, a large amount of Chinese companies have participated in M&A, control investments and substantial minority investments in businesses and properties located outside of China…more
Acquisitions, China, Cross-Border
It has been some time coming, but on August 1, 2016, the operative provisions of the Third Parties (Rights against Insurers) Act 2010 (the Act) will come into force. The Act will significantly improve the subrogation prospects…more
Insolvency, Insurance Industry, Insurance Litigation, Ireland, Policies and Procedures
In a world where the overwhelming majority of cases never make it to trial, depositions take on outsized importance. They will almost certainly be the only in-person testimony either party has the opportunity to elicit and the…more
Depositions, Federal Rules of Civil Procedure, Litigation Strategies
When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the builder…more
Construction Defects, Implied Warranty of Habitability, Warranties
In June, the U.S. Food and Drug Administration released draft guidance to clarify the benefit and risk factors it may consider in compliance and enforcement actions involving medical devices.
Medical device manufacturers…more
Draft Guidance, FDA, Manufacturers, Medical Benefits, Medical Devices
On August 25, 2016, the U.S. Court of Appeals for the Seventh Circuit, in Allen v. GreatBanc Trust Co., No. 15-3569, 2016 WL 4474730 (7th Cir. 2016), held that (1) the defendant in an ERISA case, rather than the plaintiff, bears…more
Affirmative Defenses, Appeals, Burden of Proof, Corporate Counsel, ERISA
Debt indentures often contain what is known as a "make-whole" provision, which requires the borrower, upon an early repayment of the debt, to make an additional payment to the lender to compensate the lender for its anticipated,…more
Bankruptcy Court, Borrowers, Chapter 11, Commercial Bankruptcy, Debt
I hope you had a very happy holiday season and New Year. Both seem to be distant memories at this point. Many of the upcoming posts in 2017 will undoubtedly address, and be impacted by, the nature of the new Trump administration…more
Employer Liability Issues, Hiring & Firing, Social Media, Social Media Policy
Live from Cleveland, Mark Alderman, Blake Rutherford and Jim Schultz provide an update on developments unfolding at the Republican National Convention.
Blake: Thanks, and welcome everyone to the eleventh call in our series…more
Bernie Sanders, Hillary Clinton, Political Campaigns, Political Candidates, Political Conventions
The U.S. Court of Appeals for the Fifth Circuit issued a per curiam opinion in De Jongh v. State Farm Lloyds, 2016 U.S. App. LEXIS 21432 (5th Cir. 2016) that clarified a typical but potentially tricky question involving property…more
Cause of Action Accrual, Insurance Industry, Property Damage, Property Insurance, State Farm
Last month, a Pennsylvania federal judge rejected a company's claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee…more
Attorney-Client Privilege, Employer Liability Issues, Rules of Professional Conduct, Sex Discrimination
Principle Solutions Group, LLC, an information technology company, lost $1.717 million when it became the victim of a fraud scheme for which it sought coverage under the terms of a commercial crime policy issued by Ironshore…more
Acquisitions, Bad Faith, Banks, China, Commercial Crime Insurance Polices
As a result of new legislation, New Jersey has eliminated its estate tax as of January 1, 2018. Under the estate tax, New Jersey levies a tax on all assets of a decedent's estate in excess of $675,000 (except assets passing to…more
Death Tax, Estate Planning, Estate Tax, Inheritance Tax
There is a war on building codes across the United States, and Pennsylvania is ground zero.
After years of regular building code updates, a law was passed in 2011 (Act 1) at the urging of the Pennsylvania Builders…more
Building Codes, Construction Industry, New Legislation, Real Estate Development
In September 2014, responsibility for regulation of water and wastewater utilities was transferred from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The transfer allows TCEQ to…more
Consumer Utility Costs, Public Utilities Commission, Utilities Sector, Wastewater, Water Supplies
On December 15, 2014, the Supreme Court of Pennsylvania held, in a 5-1 decision, that bad faith claims brought pursuant to 42 Pa. C.S. § 8371 may be assigned by an insured to an injured third party under Pennsylvania law. See…more
Allstate, Assignments, Bad Faith, Insurance Litigation
What it means for food to be "natural" has become a topic of contentious debate, and the Food and Drug Administration ("FDA") entered the fray earlier this year, requesting comments on use of the term on food labeling. Some…more
Class Action, FDA, Food Labeling, Food Manufacturers, Food Marketing
No business is too small to be the victim of a cyberattack. In fact, as larger companies invest more resources in cybersecurity, attackers are beginning to target smaller, less secure businesses. It is important for every small…more
Cyber Attacks, Cybersecurity, Data Protection, Data Security, Hackers
If you are a partner of a partnership or a member of a limited liability company (LLC) taxed as a partnership, or are entering into a new partnership or LLC, you may have some important decisions to make in light of impending…more
Audits, Bipartisan Budget, Corporate Counsel, IRS, Limited Liability Company (LLC)
Energy production in the United States is at an all-time high. In 2013, an average of 7.5 million barrels of oil were pumped every day, which bested the previous production record (2012) by one million barrels. Domestic oil…more
Contaminated Properties, Environmental Claims, Environmental Liability, Environmental Policies, Oil & Gas
Seeking to close a perceived "gap" in regulations intended to facilitate the government's efforts to curb money laundering and the financing of terrorism, the U.S. Department of the Treasury's Financial Crimes Enforcement…more
Anti-Money Laundering, Bank Secrecy Act, Banks, Customer Due Diligence (CDD), Customer Identification Program (CIP)
In early February, the U.S. Food and Drug Administration (FDA) issued its seventh and final major rule as part of the implementation of the Food Safety Modernization Act. The proposed rule seeks to prevent the contamination of…more
FDA, Food Safety, FSMA, Shipping, Trucking Industry
Put quotes around the phrase "litigation science" and Google it. Go ahead, we'll wait. . . . . What did you find? Not good, right. You found a lot. Too much. The first Google page alone shows how controversial this subject…more
Birth Defects, Daubert Standards, Evidence, Expert Testimony, Kelly-Frye Test
Most states have laws either requiring or permitting mental health professionals to disclose information about patients who may become violent. These voluntary or mandatory reporting laws require a balancing of the…more
Duty to Warn, Medical Malpractice, Medical Negligence, Mental Health, Physician-Patient Confidentiality
The Securities and Exchange Commission (SEC) has ended settlements under its Municipalities Continuing Disclosure Cooperation (MCDC) Initiative. Details of the SEC's MCDC Initiative can be found in our prior Alert. For those…more
MCDC, Municipal Securities Issuers, Municipalities, SEC, Self-Reporting
The court's decision in Axis Specialty Insurance Company v. New Hampshire Insurance Company highlights the scope of recovery available for an excess carrier seeking to recover against a primary carrier. Emboldened by the recent…more
Excess Policies, Indemnity Insurance, Insurance Litigation, Settlement
More than a year and a half after the National Labor Relations Board (NLRB or the Board) ruled that Northwestern University's football players could not form a union, NLRB General Counsel Richard Griffin announced his conclusion…more
College Athletes, Educational Institutions, Football, NCAA, NLRA
As global insurers continue to penetrate the Chinese market, our offices are seeing an ever increasing number of Chinese law related inquiries, including in the fields of credit and political risk, property and other lines…more
China, Condition Precedent, Confidential Information, Duty to Disclose, Exemptions
In Validus Reinsurance, Ltd. v. United States, No. 13-0109 (ABJ), 2014 WL 462886 (D.D.C. 2014), the U.S. District Court for the District of Columbia found that although foreign reinsurance contracts covering certain U.S. risks…more
In a significant decision interpreting one of the most frequently litigated exclusions in the world of D&O insurance, the Eighth Circuit recently ruled that an Insured vs. Insured exclusion applied to an insured director's…more
Corporate Counsel, D&O Insurance, Insurance Industry, Insureds, Private Company Shares
In an emergency order issued on February 25, 2014, the U.S. Department of Transportation (DOT) directed all parties offering for transport or transporting petroleum crude oil to ensure that product is properly tested and…more
Department of Transportation (DOT), Hazardous Substances, Oil & Gas, Railways
A panel of the Commonwealth Court of Pennsylvania held that group homes maintained by a nonprofit for persons with intellectual disabilities were not entitled to real estate tax exemptions as charities. ARC Human Services,


text:
What a great thread!!!
Ive had two c-sections and am very happy with both the process I experienced and the end result.. I decided within the first week of my pregnancy that virginal birth was NOT for me and I am very happy I stuck to my guns.
My decision took a lot of stress out of the pregnancy for me and in the end I had a great delivery both times.
More power to women to make their own choices re birth!!

subset: commoncrawl


text:
I am in need of pond plant's but dont have a trade can pay postage. I hope to be able to trade next year. please help.
need water plants
dooman Apr 27, 2001
I am in need of pond plant's but dont have a trade can pay postage. I hope to be able to trade next year. please help.
Redlotus Sugar Land, TX(Zone 9a) Apr 28, 2001
You can go to Home depot to buy, now they're on sale 50% off. If you can't find them, let me know.
dooman Apr 28, 2001
We dont have a home depot around here to go shopping we have to 80 miles they mite have one there I will have to check. I do have wood land ferns to trade.
This message was edited Saturday, Apr 28th 4:58 PM
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Hairspray and foam act differently on the hair, for a different end result.
Hairspray is recommended for thinner hair, usually used on heat-styled hair (brushed, straightened or set). It can have different actions:
1 - Perfect as the finishing touch once you have styled you hair
2 - Ensure long hold and lightness – leaves the hair looking natural
3- Ideal to lengthen your hairstyle (hair bun)
Foam ensures a soft and natural result and is usually set on damp or wet hair, just before naturally or blow drying it. I can have different actions:
1 - Perfect to provide hold, after every shampoo
2 - Give body and volume to the hair, if volume foam is applied


text:
Silvestre Francisco Dangond Corrales, (born May 12, 1980 in Urumita, La Guajira) is a Colombian Vallenato singer, composer and Timbales player. Dangond is considered one of the mainstream representatives of the "new wave" of vallenato musicians.
After graduating from high school Dangond dedicated in full to music. He grouped with amateur accordion player Ramón López and after performing in some parties and gigs they recorded their first album in 2002 called Tanto para Tí which included 12 songs; Nada te conmueve composed by Fabian Corrales, Necesito verte by Juan Manuel Perez, No te escondas mas by Felipe Pelaez, Mi encantadora egoista by Alberto Murgas, Quien me mando of his own authorship, Un amor tan grande by Freddy Carrillo, Muñeca de porcelana by Luis Alonso, Que no me roben tuЧитать далее в Википедии...
Дискография [+]
Альбомы и синглы:
- Tanto para ti [2002, альбом]
- Lo mejor para los dos [2003, альбом]
- Más unidos que nunca [2004, альбом]
- Ponte a la moda [2005, альбом]
- La fama [2006, альбом]
- El original [2008, альбом]
- Cantinero [2010, альбом]


text: Bluegrass Unlimited special offer Posted By John On 22nd October 2008 Bluegrass Unlimited magazine has a special offer in effect for the rest of October. Any subscription purchased until October 31 (new or renewal) will qualify for a free compilation CD of their choosing. The choices are sampler discs from Rounder, Rebel and Rural Rhythm Records, each featuring tracks from recently released projects from the labels. The offer is only available online, and limited to US subscribers. BU Managing Editor Sharon McGraw tells us that the upcoming November issue has a lengthy cover feature on Cherryholmes written by Casey Henry, and articles on guitarist Jim Hurst and folkgrass trio, Red Molly. - www.thebluegrassblog.com/bluegrass-unlimited-special-offer/


text:
January 21st, 2017
11am – 5pm
qLabs 16 West 22nd Street Floor 6
Learning to code doesn't have to be hard.
About the Instructor
Mike is well-connected, thoughtful, fun to work with, and understands the landscape of the tech and startup communities in an extremely practical way. It would be a privilege to work with Mike on anything, anywhere, anytime.Ali Llewellyn
Mike has a very unique skill of being able to encourage and motivate people while holding them accountable to do the best they possibly can. My team wouldn't of accomplished any where near what we did without Mike.Ricky Robinett
Mike brings a contagious joy and enthusiasm to anything he does. In the time we worked together on ConceptX, he was always ready with numerous ideas, insightful feedback, a curious mind, and an outstanding ability to collaborate. He is a kind and visionary leader with a deep understanding of technology, product, and people. I've rarely met such a talented generalist who also elevates those around him.Debra Lin
I learned a lot about new product development, the state and trajectory of several new markets, and how to qualify and prioritize a wide variety of ideas. Mike's extensive startup experience really showed, and helped us come up with some of the best ideas of the summer.David Amato
Mike Caprio, Fullstack Developer
Mike Caprio has been a product-focused software engineer for his entire career, since graduating with a Bachelors in Computer Science from Worcester Polytechnic Institute. Over the last two decades he has been employed as an engineer and consultant across a wide swath of industries, developing a broad and diverse range of experience working at Fortune 50 companies like ExxonMobil and Johnson & Johnson, and as an innovation consultant for the American Museum of Natural History, eBay, TIME Inc., and Viacom.
Make learning to code fun and easy.
Ready to reboot your career? Request a consultation.
One month part-time coding bootcamp with ongoing mentorship for only $1500.
What will I Learn?
This is a one-day intensive workshop with a limited enrollment to keep classes intimate and conversational. Get the attention you need to learn the skills to level up your career.
First five signups get $50 off. Use code: firstfive at checkout
How long have you wanted to learn how to read and write your own code? Have you been frustrated by online classes, been taken in by the promise of easy learning on your own time, and came away from the lessons with little understanding and more confusion than you started with?
The Coding For Beginners workshop can teach anyone with determination and an open mind all the basics needed to write code. This workshop is for everyone, whether you're completely unfamiliar with coding or already know a programming language or two. Our approach is to help you understand computing languages from first principles, in a holistic way that will fill in gaps in knowledge for self-taught programmers and get beginners off on the right foot.
Topics Covered
- How a modern computer works, from hardware to software
- Running commands in your computer's operating system
- Using a package manager to install programming tools (Homebrew)
- Programming language basics and using an interpreter
- Creating programs using step-by-step outlines
- Installing third party software libraries
- A brief introduction to advanced programming concepts
Come to our hands-on, intensive, one day workshop and learn in a small group setting where you will get personal attention from an instructor who will answer any and every question you have about computers and programming, and will help you every step of the way. You will leave this workshop with all the technical tools and knowledge you need to read and write your own software.
Please note that this workshop is not about "building web sites" or using HTML or other markup languages or any other form of "front end design"; we will primarily use the Python programming language. Python is best described as a "back end" technology and the workshop is all about how computers work "under the hood" with programming.
What to Bring
You must bring a laptop. MacBooks with Mac OS X (10.7 or greater, the version called "Lion") preferred because they already come pre-installed with all the tools you need to get started programming immediately. Step by step instructions will be provided prior to start of the workshop to help you get your laptop ready for programming if you don't have a Mac. Attendees will not be able to follow along with learning Unix commands if they're working on a Windows laptop.[Light and healthy refreshments will be served during both workshop sessions. We will try to be sensitive to any dietary restrictions, allergies, or other requirements.]
Don't get left behind! Learn to code in a small group.
About the Community
qLabs is Quotidian ventures' collaborative workspace for startups looking for a place to build up, grow out, and make an impact.
Reboot is a coeducation and skillsharing community where nyc tech insiders help others to level up. We bring the best of hackathons, coding bootcamps, and coworking to new learning experiences which open you to challenge, incite growth, and level up your skills while asserting space for play.
Interested in more classes and events?


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text:
Welcome to our new "Behind the Instagram" series, where pro and amateur shooters give us the details behind some of their most compelling Instagram posts.
It doesn't matter if New York-based photographer Brett Lowell is capturing shots a thousand feet off the ground as director of photography for Big Up Productions (a film production company that his brother Josh Lowell launched in 1997), or hammering out solo assignments on solid ground, nabbing a stellar shot isn't always about having the snazziest glass. Sometimes, it's all in the timing.
"In my mind, the iPhone camera's best feature is that it is almost always within grabbing distance," says Lowell, whose personal Instagram account has 11,500 followers and no lack of heart-in-your-throat shots.
Lowell started shooting 18 years ago, but didn't get serious until he and his brother merged their love of cameras with climbing. "It slowly progressed into a real business and allowed me to travel around the globe trying to capture the biggest climbs of our time," says Lowell, whose behind-the-lens skills won him a 2006 Sports Emmy for Outstanding Camera Work.
Here, Lowell shares the details behind some personal favorites from his Instagram account, spanning from big adventures to subtle details.
Sometimes it's not about what we do or where we go, but who we meet and the faces we see. This villager was kind enough to let me take this photo in Yangshou, China.
Chris Sharma helped turn the world on to this beautiful and free form of climbing dubbed psicobloc, or deep water soloing. [Editor's note: Deep water soloing consists of climbing a route over a large, deep body of water without the protection of a rope, using only the water as the landing pad if you fall.] It took root here on the island of Mallorca, Spain, where sweeping orange walls of perfect limestone leads straight into deep blue ocean. Pictured here is an extremely difficult project that Sharma is excited to return to.
Abstract creatures
I really like the abstract details of nature. Finding images that you know are unique and fleeting, like creatures of the ice in the creek behind my house. I actually took this shot looking at the ice upside-down from the way it is shown here — my father and I were looking at the image together and he flipped it over, and all of a sudden there was this creature looking at us.
I love to travel, but nothing beats being home here in the Shawangunk Ridge in New York during autumn.
Dawn Wall (also pictured at top)
This post was made during the historic Dawn Wall ascent in Yosemite by Tommy Caldwell and Kevin Jorgeson in January 2015. While we were in our ledges [Editor's note: Ledges (short for portaledges) are suspended tents climbers sleep on during multi-day ascents of big walls] that night I heard that The New York Times was going to run a story on the boys and wanted some of my current images from the wall. I emailed down a handful of iPhone shots from our camp and woke up the next morning with this image on the front page of The New York Times website.
Maybe the craziest place I've been is here in the Tepuis of Venezuela. With its Dr. Seuss-like bushes and rock formations and species of animals that don't exist anywhere else, it truly feels like another planet.
For more inspiring images, follow Brett Lowell and Red Bull Adventure on Instagram.
Check back on Wednesday, Oct. 21, for more amazing images in the next installment of our "Behind the Instagram" series.


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After beginning this season with the Thunder, Cotham was called up to Scranton/Wilkes-Barre and made his first start May 9. Throwing on a pitch count, Cotham went 4.2 innings, allowed four hits, one run and struck out five in the RailRiders' 2-1 extra inning loss to Indianapolis.
"I was pleased with it," the 25-year-old said of his Triple-A debut. "I felt comfortable, I was able to throw strikes. Obviously, I feel like there is a lot of room for improvement and a lot of things I can work on. It's definitely a good stepping stone, though."
Cotham believed he had a pretty good Spring Training that gave him some momentum coming into the season.
"Spring Training's one of those things where you wanna be aggressive, throw strikes, establish the fastball," he said. "I think I was able to do that pretty well."
Cotham made six starts in Trenton and went 1-1 with a 3.96 ERA and struck out 20 batters. Despite giving up some big hits, he believes he accomplished what he needed to do during his brief time in Double-A.
"I think just sticking to the process, trying to establish fastball command, working on those secondary pitches, and just learning how to manage and get deep into a game was key," he said. "[Trenton's] Tommy Phelps, he's a really good pitching coach. He helped me kind of think about pitching a little differently and have some fun. You know, how to work hitters and how to basically gameplan a game."
Those secondary pitches he referred to are his slider, changeup and curveball, which is a new pitch that's still developing. He feels that his best two are the fastball and slider.
"I feel confident with all four, but it's just finding spots for them and being able to throw them as quality strikes instead of just throwing strikes," he said. "I think the higher [up] I go, the more importance is put on quality location within the zone.
"Being able to pitch backwards and being able to use my second, third, fourth pitches in maybe a fastball count to make my outings last longer," he added.
What made Cotham's first Triple-A start even more memorable was who else was in the game for both the RailRiders and Indianapolis. Yankees' All-Star outfielder Curtis Granderson was on a rehab assignment and started in right field for Scranton/Wilkes-Barre. Cotham was also opposed by Gerrit Cole, considered by many to be one of the top pitching prospects in all of baseball.
"It's definitely pretty surreal to have an All-Star in right field for you, a guy that's one of the biggest names in baseball, so that's always pretty cool to do that," he said. "And facing a guy like Gerrit Cole, who throws the ball really hard and knows what he's doing, it's fun just to challenge yourself and see what you got. Luckily, I was able to compete a little bit."
To be successful at the Triple-A level Cotham knows he's going to have to make the necessary adjustments. He knows the hitters he'll see at this level are going to be the best he's faced.
"The guys have a way better clue than at the lower levels," he said. "They come up there [to the plate], they know what they're looking for, they have a game plan and they're gonna stick to it. Not only do they have a game plan, they're pretty good at executing it.
"So it's just making pitches that are quality in the zone and just how to work guys and pitch a little bit," he added.
Cotham knows he can only take things a day at a time. That's why for the rest of the season he wants to make it a point to get better every single day.
"It's a process, my goal is to pitch in the big leagues and pitch for a long time," he said. "I just gotta be willing everyday to do something that will make me reach that goal as soon as possible."
Cotham Happy With Start To The Season
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Pinstripes PlusMonday at 8:57 PM


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Two men have been arrested on suspicion of attempted murder after a man was shot outside a cafe in Moss Side.
live breaking news blog
Man slept through blaze and wandered out of building 6 hours later
A man who slept through a 'ferocious' blaze wandered out of the building SIX HOURS after firefighters started tackling it.
Missing woman found safe and well
A woman who went missing from hospital in the early hours has been found safe and well.
Two seriously injured in Blackley crash
Two people were rushed to hospital following a four vehicle smash in Blackley.
Latest from fire in Openshaw
Crews are putting water into the building on Ferris Street from an aerial platform vehicle.


text:
(559) 675-1681
Brian's Heating & Cooling, Inc. A California Corporation
11 years in business2910 Falcon Dr STE D
Madera, CA 93637-8675
Additional Phone Numbers
- (559) 323-0401
Find a Location
BBB File Opened: 08/09/2007
Business Started: 04/01/2005
Business Started Locally: 04/01/2005
Business Incorporated: 04/27/2007 in CA
Type of EntityCorporation
Business Management
- Mr. Brian Padilla, President
- Mrs. Michele Padilla, Vice President
Contact Information
- Principal: Mr. Brian Padilla, President
- Customer Service: Mrs. Michele Padilla, Vice President
Business Category
- Air Conditioning Contractors & Systems
Products & ServicesWe service & repair all makes, even Heat Pumps. We have a on call service technician for emergency & after hours calls. We install Lennox, Ruud, Carrier,& Goodman. our Technician's are NATE certified
Licensing, Bonding or RegistrationThis business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.
Providing Honest service and repair at a fair price. Installing Energy Star systems with a full 10 year part and labor warranty.
BBB Reason for Ratings
Licensing information is provided in the BBB Business Profiles to inform the public about industries that may require professional licensing, bonding, or registration. Better Business Bureau encourages you to check with the appropriate agency to be certain any requirements are currently being met.
Advertising Review
BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to substantiate their claims, change ads to make offers more clear to consumers, and remove misleading or deceptive statements.
Government Actions
BBB reports on known significant government actions involving the business's marketplace conduct.
Out of Business
BBB reports on a company that is out of business for three years from the date the company closes its doors or ceases to do business.
Misuse of Better Business Bureau Name/Logo
BBB reports on unauthorized use of the Better Business Bureau's name and/or logo for as long as the business continues to use it in any advertising, or for one year after the business ceases any repeated unauthorized uses.
BBB reports on a business's bankruptcy as long as the business remains in bankruptcy.
Mail Returned
BBB reports when mail sent to the business was returned by the Postal Service.


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126 User Opinions
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text:
Personal TrainerSMART Majority
£ 399 - (Rs 33,366)
Important information
- Course
- Online
- When:
What you'll learn on the course
Personal Trainer
Health and Fitness
Client Assessment
Course programme
This module focuses on introducing you to the world of fitness and most importantly teaching you how to successfully interact with your client in order to assess their lifestyle and their approach to health and fitness.
- Recommended study time: 3-4 hours
Module Five Nutrition and weight management
In this module we will look at how to support your client's new fitness regime with the correct nutritional advice. This will be guidelines you can offer your clients in order to provide them with a rounded approach and to ensure maximum success. You will also learn about weight management and how to correctly introduce it into your client's fitness routine.
- Recommended study time: 3-4 hours
module eight Training in different environments
This module is particularly great for those of you wishing to turn your passion for fitness into a business. You will learn how to successfully approach your clients no matter what their environment is. This module gives you the tools you need to feel confident in creating a fitness regime in a gym or outdoors, using nature as part of your tools.
- Recommended study time: 3-4 hours
Do you see something that is not right in this course? Let us know if there are any mistakes and you will help users like yourself.


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Bombay Leaping Frog Votive Candle Holder
44.98 -1- -2- -3- -4- -5- no -6- F -7- yes
$44.98Yes! Your Everyday Savings
DescriptionLet the Bombay leaping frog votive candle holder leap into your backyard oasis! Intricate filigree detail on the votive holder creates a beautiful ambient glow when a candle is lit. Hand-painted and durable, this candle holder will add function and fun to any environment.
- Made especially for outdoor use
- Hand-painted
- Holds one votive candle
- Dimensions: 10"L x 6"W x 12.5" H
- Made of long-lasting resin
- Spot clean
- Imported


text:
LUMIX FL200L Flash: Wirless Hybrid Flash System with Built-in Video LED
Details http://shop.panasonic.com/cameras-and-camcorders/camera-and-camcorder-accessories/camera-accessories/camera-external-flash-microphones/DMW-FL200L.html
- Built in LED for video capture
- Wireless multi-flash grouping A/B/C, 4 Channels
- Bounce shooting (0 to 90 degrees horizontally
- Fast charging in about 3 seconds
- Guide number GN20
In Stock
Ships in 1-3 business days
Product Actions
LUMIX FL200L Flash
The DMW-FL200L (GN20) provides 90-degree vertical bounce lighting and can also be used as an LED light in video recording. It features a wireless shooting capability with Wi-Fi®-compatible LUMIX cameras.
SpecificationsExpand All
- Power Requirements DC 3.0 V
- Batteries Recommended for Use LR6/AA Alkaline dry batteries x 2
- Batteries Recommended for Use HR6/AA Rechargeable nickel metal hydride batteries (Ni-MH) x 2
- Charging Time (from full flash until the [CHARGE] lamp lights) N/A
- Charging Time (from full flash until the [TEST/ CHARGE] lamp lights) Approx. 4.0 sec: LR6 / AA Alkaline dry batteries
- Charging Time (from full flash until the [TEST/ CHARGE] lamp lights) Approx. 3.0 sec: HR6 / AA Rechargeable nickel metal hydride batteries
- Charging time (from full flash until the [TEST/CHARGE] button lights) N/A
- Firing Period Approx. 1/50,000 - 1/250 sec
- Firing Period (varies depending on the flash intensity)
- Number of Flashes (with full flash) Approx. 120 flashes : LR6/AA Alkaline dry batteries
- Number of Flashes (with full flash) Approx. 200 flashes : HR6/AA Rechargeable nickel metal hydride batteries (2,400 mAh type)
- Number of Flashes (with full flash) (differs depending on the photo taking conditions)
- AF Assist Lamp Effective distance: Approx. 1 - 5 m/3.28 - 16.4 ft
- AF Assist Lamp (differs depending on the digital camera and type of lens used)
- Flash Mode TTL AUTO / MANUAL / SL MANUAL / RC
- Guide Number 20 (ISO 100·m), 14 (ISO 100·m when the wide panel is used)
- Lighting Angle Covers the angle of view of 12mm and longer (35mm camera equivalent: 24mm and longer)
- Lighting Angle (With wide panel: 7mm and longer, 35mm camera equivalent: 14mm and longer)
- Power-saving mode N/A
- Lighting angle N/A
- Dimensions Approx. 61.0 (W) x 52.5 (H) x 82.0 (D) mm / 2.402 (W) x 2.067 x (H) 3.228 (D) inch
- Dimensions (Excluding the projecting parts)
- Weight Approx. 225 g / 7.94 oz (including batteries)
- Weight Approx. 175 g / 6.17 oz (main unit)
- Operating Temperature 0 - 40 °C / 32 - 104 °F
- Operating Humidity 10 - 80 %RH (no condensation)
- NOTE * Wireless control is available with the DMC-GH4 / GH4R / GH3 / GX8 / GX7 / GM5 / G7 / G6 / GF6.
- Illuminance Approx. 200 lux at 1 m
- Lighting Angle N/A
- Control Mode MANUAL
- Continuous Light-Emitting Time N/A
Wireless (RC) function*
- Flash Mode N/A
- Channel 4 channels
- Group 3 groups control
Bounce Angle
- Bounce angle N/A
- Up / Down 0 - 90 degrees
- Right / Left N/A
What support content is available for my product?
Click on a link below that interests you the most:
- Panasonic Community - Join our Community and participate in Discussions where you can learn more about our Products. You will also be able to get advice from other members and Product Experts, as well as documents, FAQ's, tutorials, and updates.
- Live Chat - Chat with a representative from 9am-9pm Monday-Friday and 10am-7pm Saturday/Sunday EST.
- Email Contact - For email inquiries, send them to firstname.lastname@example.com, you will receive a response within 24-48 hours.
- Parts/Accessories - Order parts and/or accessories from our supply chain, Encompass.
- Service Locator - Locate the closest Authorized repair center to you for TVs, Microwaves, Vacuums, or Massage Chairs.
- Service Request - If you need a product repaired and is NOT a TV, Microwave, Vacuum, or Massage Chair, you can use our Online Repair Request. There, you will be able to get a repair estimate, pay online, and track the repair status.
- Panasonic Community - Join our Community and participate in Discussions where you can learn more about our Products. You will also be able to get advice from other members and Product Experts, as well as documents, FAQ's, tutorials, and updates.
Consumer Product Support and Technical Assistance
Operating hours:
Mon-Fri 9am-8pm EST
Sat-Sun 10am-7pm EST
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In Stock$299.95
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Rechargeable Lithium-ion Battery (7.2V, 1200mAh) for select Lumix Digital Cameras- DMW-BLC12BDMW-BLC12B
In Stock$69.99x-is-remote_addr: 184.108.40.206 -- x-forwarded-for: null -- Fallback address: 220.127.116.11 -- httpRemoteAddress: 184.108.40.206 -- All Headers: {x-is-script_name=/on/demandware.servlet, x-is-path_info=/cameras-and-camcorders/camera-and-camcorder-accessories/camera-accessories/camera-external-flash-microphones/DMW-FL200L.html, x-is-requestid=LnHWbliv_3qXAgAK-0-00, x-is-gateway_interface=apache API, x-is-server_protocol=HTTP/1.0, x-is-server_port_secure=0, x-is-path_translated=/web/aasq_prd/webadapter/lib/demandware.servlet, x-is-server_software=Apache, x-is-server_port=10182, x-dw-ext-tenant-id=aasq_prd, x-is-host=shop.panasonic.com, accept=text/html,application/xhtml+xml,application/xml;q=0.9,*/*;q=0.8, x-is-session_id=0BPP5ZbS0vMtqHp4-gf3MB14M1zIHFpN-jkdiMZtFs6ccOE7__YgI23n5izTxvcn2Kia7tOEA1Zi1nf4RdfMJg==, x-is-cache_hash=0f0fbf9253cc5aba257a031a49a4078f, x-is-remote_addr=126.96.36.199, connection=close, x-is-server_name=shop.panasonic.com, x-is-request_method=GET, x-wa-version=18.104.22.168, accept-encoding=x-gzip, gzip, deflate, user-agent=CCBot/2.0 (http://commoncrawl.org/faq/)}


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Saturday, December 15, 2012
A Special Day With Tara Sellios - Impulses IV
Tara Sellios
is a Boston based artist working in large format photography. Her lntent is to create images that articulate
the totality of existence, focusing on the themes of
life and death, with further emphasis placed on fragility, impermanence and carnality.
More of Tara Sellios's work, including her drawings and
preliminary sketches, can be viewed on her website,
A Special Day With Tara Sellios
Tara Sellios
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