Commentary on Supreme Court Case Law Under The Foreign Sovereign Immunities Act in the Area of Commercial Activity
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
Presented and Submitted at the International Association of Defense Council Mid-Year Meeting July 3-8, 2005 Colorado Springs, Colorado
Flores v. The Lower East Side Service Center, Inc.
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
Third-Party Claim Against Injured Plaintiff's Employer Under New York's Workers' Compensation Law Permitted Despite Absence Of Signed Indemnification Agreement
Roane v. Greenwich Swim Committee
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
The case involved a suit brought by a swimmer who sustained injuries during a rescue attempt. Stephen Roane, the plaintiff, participated in the Greenwich Point One Mile Swim, held in the Long Island Sound and organized by the Greenwich Swim Committee.
Country Wide Insurance Co. v. National Railroad Passenger Corp.
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
The Second Circuit has certified five questions to the New York State Court of Appeals regarding the application to summary judgment of § 388(1) of the New York Vehicle and Traffic Law. Section 388(1) creates a presumption, either express or implied, that a driver of a vehicle is operating the vehicle with the owner's
Islam v. Modern Tour, Inc.
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
In the case of Islam v. Modern Tour, Inc., a U.S. District Court, Southern District of New York, plaintiff suffered severe injuries to his hand as he was attempting to clear an obstruction from the chute of an ice bagging machine during the course of his employment.
Pommells v. Perez
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
The plaintiff was involved in a three car accident on March 15, 1998. He received treatment and physical therapy immediately following the accident, continuing the treatment for six months thereafter. Plaintiff initiated suit on June 24, 1998, alleging serious injury (herniated disc).
Brown v. Dunlap
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
The plaintiff was a rear seat passenger in a vehicle that was struck from behind by a truck on June 25, 1999. An ambulance transported the plaintiff to a hospital where he complained of neck and back pains.
Carrasco v. Mendez
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
The defendant's car struck the plaintiff's vehicle on May 31, 2000. Less than two months later the plaintiff initiated an action alleging an accident-related serious injury.
U.S. Underwriters Ins. Co. v. City Club Hotel, LLC
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
The New York Court of Appeals has permitted an insured to recover attorney's fees incurred while defending the insurer's declaratory relief action, despite the fact that the insurer fulfilled its duty to defend in the underlying suit.
Joanne Calabro v. Philip Stone
Publish Date: Mon, 01 Aug 2005 12:01:01 EDT
An insured's recorded statement to his insurance carrier, made in connection with a personal injury suit brought against him, is not protected from disclosure. The insured attempted to resist disclosure on the grounds that either an attorney-client privilege or the work product doctrine protected the statement.
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