News & Insights
Recent Posts
Covid-19: Assessing the Legal Risk of Infectious Diseases
WSHB Employer Alert: FFCRA and DOL Regulations 4.2.20
Employment Practices Consultation & COVID-19
It’s a No-Win Situation: The Perils Facing Hospitals Due to the Coronavirus
COVID-19 Employer Alert: Summary of the CARES Act
COVID-19: New York Malpractice Law Alert
COVID-19 Employer Alert: Enactment of Families First Coronavirus Response Act (FFCRA)
WSHB Partner Robert Hellner Shares Mediation Tactics at CLM’s 2020 Annual Conference
Risk Transfer and Contractual Indemnification – Who Gets Left Holding the Bag?
Seven Habits that Define a Highly Effective Claims Team
Read the Room: Arguments that Work in Court but May Backfire at Mediation
WSHB Partner Kelly Waters Named to NJBIZ's 2020 Best Fifty Women in Business List
WSHB Names Andrew S. Kessler as Managing Partner of the Firm's Philadelphia Office
WSHB Employment Alert: California Law Banning Arbitration Agreements Temporarily on Hold
Sam McDermott on the Dos and Don’ts of Construction Project Termination
Full Disclosure! Insurer Beware: Colorado’s New Automobile Policy Disclosure Law Has Teeth!
Andrew S. Kessler Named Legal Counsel for Northeast Community Center for Behavioral Health
WSHB Elevates Ten Partners to Defined Equity Status
Eleven WSHB Attorneys Elected Into Partnership
Eighteen Attorneys Elected to WSHB Senior Counsel
Supreme Court Allows Suit Over Website Accessibility
Strategies for Defending Legionella and Mold Claims
Time Limit Demand Issues Arrive in North Carolina
WSHB Welcomes New Partner Julie A. Weerth to the Firm's New York Office
Temp Agency Absolved of Liability in Hotly Contested Action
Alternative Fee Agreements and Construction Issues: Oil and Water or Perfect Pairing!?
WSHB's Graham Miller Helps Demystify Construction Claims in the Pacific Northwest
WSHB Partner Janice Michaels Named to The Best Lawyers in America© 2020 List
One Bad Apple: Navigating through Sexual Battery and other Intentional Torts
Leading Construction Litigator Cynthia Tari Joins WSHB's Dallas Office
WSHB’s Philadelphia Partner Secures Summary Judgment in Catastrophic Premises Liability Matter
WSHB Welcomes New Partner Andrew Kessler
Renowned Litigator Jason Williams Joins WSHB's Nevada Office
Litigator Richard Young Joins WSHB's Nevada Office
17 WSHB Lawyers Honored as 2019's Rising Stars
WSHB’s Jason Klein Breaks Down the Good, the Sad and the Funny Sides of Claims
Girl on Fire: The Price of Pursuing the Truth in the #MeToo World
Pragmatic Issues on Settlement Versus Trial for Legal Malpractice Cases
WSHB Partner Jade Tran Named to Lawyers of Color's "Nation's Best" List
The Natural Progression of Natural Disasters
Nevada’s Governor Signs Chapter 40 Reform Bill
WA Condo Law Changes Hope to Curtail Frivolous Defect Lawsuits and Stimulate Production
WSHB Co-Founder Stephen Henning Steps Into the Spotlight at this Year's West Coast Casualty Seminar
Professional Liability Expert Weighs In On Protecting Your Practice From Opioid Doc Arrest Fallout
Penalties, Punitives, and Granny Cams: The Escalating Lure of Elder Abuse Litigation
Are Structured Settlements Still Relevant
Game Changing Trends Affecting Construction
He's Not My Guy: The Joint-Employer Doctrine
WSHB Case Update: DOL Proposes Increase to Minimum Salary Threshold
WSHB and DWF Announce Exclusive Association
Will Payroll Tax Credit Extensions Beget Further Paid Leave Under The FFCRA?
California Jury Returns Defense Verdict in Employment Matter Following Trial During Covid Pandemic
North Carolina State Court in Uncharted Territory in Finding Covid-19 Business Interruption Coverage
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Coronavirus Resources
North Carolina State Court in Uncharted Territory in Finding Covid-19 Business Interruption Coverage
A Superior Court Judge in Durham County, North Carolina recently ruled in favor of a number of restaurants in their collective action against Cincinnati Insurance for loss of business income due to the Covid-19 pandemic in a case captioned North State Deli, LLC, et al. v. The Cincinnati Insurance Company, et al., Case No. 20-CVS-02569. In a departure from courts across the country, the presiding judge held that government orders restricting the policyholders’ use of their restaurants constituted “direct physical loss” thus triggering the policies’ Business Income coverage. The court reasoned that the phrase “direct physical loss” “includes the inability to utilize or possess something in the real, material, or bodily world, resulting from a given cause with the intervention of other conditions” and therefore “describes the scenario where business owners…lose the full range of rights and advantages of using or accessing their business property.”...
In a much anticipated decision, California’s highest court held this week that a statutory penalty of $500 for Patients’ Bill of Rights violation claims brought by residents of skilled nursing and intermediate care facilities will be capped at $500 per cause of action, rather than by each individual regulatory violation. In doing so, the high court reversed the underlying decision which involved an award of the statutory penalty to each of 382 alleged separate violations. This decision is highly favorable to the skilled nursing industry given that an affirmative ruling would have likely resulted in a new influx of litigation and would have increased the potential exposure....
In California, under a rule premised on the theory of ostensible agency, a hospital may be liable for the negligence of physicians on the staff, even when such physicians are in fact independent contractors, unless the hospital has clearly notified the patient that the treating physicians are not hospital employees and there is no reason to believe the patient was unable to understand or act on the information. The required elements of ostensible agency are: "(1) conduct by the hospital that would cause a reasonable person to believe that there was an agency relationship and (2) reliance on that apparent agency relationship by the plaintiff." (Mejia v. Community Hospital of San Bernardino (2002) 99 Cal.App.4th 1448, 1457.) On June 1, 2020, the California Court of Appeal, Second Appellate District, decided the case of Wicks, et al. v. Antelope Valley Healthcare District. The court held, among other holdings, that the evidence established in the case conclusively established that the emergency room physicians were not the ostensible agents of the hospital as a matter of law....