News & Insights

May 31, 2017

In a recent Appellate Court case, the Court held that a plaintiff/appellant's doctor's note, with no affidavit or testimony properly authenticating it, violates Rule 1:6-6 and cannot be relied upon to establish a disability under the New Jersey Law Against Discrimination (LAD). Furthermore, such evidence cannot be used to defeat summary judgment. The case is significant, as it raises the bar for a plaintiff's level of proof in disability discrimination cases. It also affirms a plaintiff's obligation to communicate his or her disability to an employer, as well as the duty to request a specific accommodation in order to make a successful failure-to-accommodate claim....

May 30, 2017

The Washington State Supreme Court handed down more bad news to liability insurers, in holding that an insurer committed bad faith by denying coverage in a third-party liability carbon monoxide poisoning case, basing its coverage denial on a pollution exclusion. In Xia v. ProBuilders Specialty Inc. Co., at issue was coverage for a builder who defectively installed a hot water heater exhaust vent, which allowed carbon monoxide into Xia’s home. The Court applied the efficient proximate cause rule to determine whether a pollution exclusion in the builder’s policy excluded coverage. Washington law provides that, when a “covered peril” sets in motion a causal chain, the last link of which is an “uncovered peril,” there is coverage under the policy. This is the first time the Court applied the efficient proximate cause rule to a third-party liability coverage dispute....

May 22, 2017

WSHB’s Kevin Smith joins an influential panel of law experts discussing civility in the courtroom at a joint litigation conference Wednesday, May 24th at the LA Hotel Downtown starting at 3:00 pm. Joining Smith is the Honorable Debre Weintraub, LASC Supervising Judge of Civil Court and the
Honorable Samantha Jessner, LASC Assistant Supervising Judge of Civil Courts for a judicial perspective. Attorneys Gary Dordick, Genie Harrison, and Brian Panish will present a plaintiff perspective. Smith and attorneys Dick Carrroll, Edith Matthai will represent the defense perspective....

Privacy Policy      |      Site Map

© 2019 Wood Smith Henning & Berman LLP

Subscribe to our mailing list

* indicates required