Of Interest

  1. First Department Gives WCM a Unanimous Victory in Art World Title Controversy Friday, February 16, 2018 - In a matter a first impression certain to benefit art insurers everywhere, New York’s Appellate Division, First Department unanimously agreed with WCM’s argument that a fine arts dealer all-risk policy insuring against loss or damage to works of art does … Continue reading ...
  2. Taking the Mystery Out of Which Risks Constitute “Assumed Risks” (NY) Thursday, February 15, 2018 - When do participants in recreational activities assume the risk of a particular injury? While it is well-settled that participants assume risks which are “inherent to” an activity or “perfectly obvious to” participants, litigants still struggle to decisively state whether a … Continue reading ...
  3. Damages in Baseball Thursday, February 15, 2018 - Those who remember Elliott Maddox may feel déjà vu to learn a Yankees outfielder is suing over an injury sustained in a game against the White Sox.  On June 29, 2017, then-Yankees outfielder Dustin Fowler was making his major league … Continue reading ...
  4. Another Day at the Beach Thursday, February 15, 2018 - In Brian Reilly v. Patchogue Properties, LLC, plaintiff was attending an engagement party for his cousin, Matthew Hansen, at the Patchogue Shores Community Center, which is owned by the defendant.  The defendant is a community center, comprised of people in … Continue reading ...
  5. New York’s Highest Court Rules Private Facebook Posts Are Discoverable Thursday, February 15, 2018 - WCM Partners Michael Bono and Brian Gibbons and associate Christopher Soverow have obtained a ruling from the New York Court of Appeals holding that social media records, such as Facebook posts, are not subject to a heightened standard of discovery, … Continue reading ...
  6. Eagles Win! Sunday, February 11, 2018 - Some of you may have heard that the Philadelphia Eagles just won their first Super Bowl. It’s kind of a big deal down here in Philadelphia. So for those who have interest in such things, enjoy the pictures of the … Continue reading ...
  7. This and That by Dennis Wade Friday, February 9, 2018 - 75 years ago, in 1933, Hitler came to power and soon Germany and then the whole of Europe descended into the long, dark night of Nazi terror. I have memories of asking my Dad about Normandy, the slog toward the Rhine … Continue reading ...
  8. Judge Takes Bite Out of Domestic Animal Liability (NY) Thursday, February 8, 2018 - When “man bites dog,” there will probably be a news story.  When “dog bites man,” there will probably be a lawsuit.  Under New York law, that also means strict liability if the dog owner knows or should have known about … Continue reading ...
  9. Blizzard Conditions Block Lawsuit (PA) Thursday, February 8, 2018 - On January 31, 2018, the Superior Court of Pennsylvania affirmed an entry of summary judgement in favor of Pennsylvania Suburban Development Corporation in Collins v. PSDC  The case stems from a slip-and-fall which occurred on an ice/snow covered sidewalk owned … Continue reading ...
  10. Settled at Mediation? Not Until Final Releases Are Executed (PA) Wednesday, February 7, 2018 - Mediations can be exhausting ordeals — and this is by design, to a degree.  After a long day (or days) of mediation, parties have time to hash out their issues and reach a middle ground to settle a case.  But … Continue reading ...
  11. Court Refuses to Issue Advisory Opinion Regarding Statute of Repose (PA) Wednesday, February 7, 2018 - In Magnarelli v Vaughan and Sautter Builders, No. 1902 EDA 2017, Superior Court of Pennsylvania, the Superior Court denied appellants’ appeal and affirmed the lower court’s order dismissing the complaint because the action was barred by the Statute of Repose. … Continue reading ...
  12. Defendant Inadvertently Creates Question of Fact by Producing Conflicting Witnesses (NY) Tuesday, February 6, 2018 - In New York City, where a plaintiff is injured due to a slip and fall within a residential apartment building, a defendant must show through admissible evidence the last time the area was cleaned and inspected prior to the accident. … Continue reading ...