East Coast CM Report of Recent Decisions – 2017 Vol. 4

January 29, 2018 / CM Reports

Have Fun And Be Wary: Three Recent Cases From The Second Department Discussing Primary Assumption Of Risk

A review of the Second Department decisions issued in the months preceding the close of 2017 revealed several interesting cases dealing with primary assumption of risk. The issues presented in those cases resulted in varying, but opinions by the Court. This article will discuss three cases that were reviewed by the Court.

Florida High Court Holds That The Chapter 558 Statute Process Applicable To Construction Defect Claims Constitutes A “Suit”

Chapter 558, Florida Statutes, known as the Construction Defect Statute, requires owners alleging a construction defect to send notice of claims to contractors, subcontractors, suppliers or design professionals identifying any alleged construction or design defect in reasonable detail prior to commencing a lawsuit for any such alleged defect. See §558.004, Fla. Stat. (2012).

New York Court Of Appeals Expands Insurance Law Section 3420 To Insureds That Have A Presence In New York And Create Risks In New York

The recent New York Court of Appeals decision Carlson v. American International Group, Inc., 2017 N.Y. Slip. Op. 08163 (Nov. 20, 2017), may have sweeping impacts on out-of-state insurance carriers.

Third Circuit Rules That Even Short Work Breaks Are Compensable Under FLSA

In Secretary United States Department of Labor v. American Future Systems, Inc. d/b/a Progressive Business Publications, No. 16-2685 (October 13, 2017), the Third Circuit ruled that the FLSA requires employers to compensate non-exempt employees for all rest breaks of 20 minutes or less.

Certainty Of Award At The Time A Third-Party Suit Is Resolved Triggers Equitable Apportionment For Workers’ Compensation Claimants

In Matter of Terranova v. Lehr Construction Co., 2017 NY Slip Op 08799 (Court of Appeals, December 19, 2017), New York’s Highest Court held that a claimant’s litigation costs may be equitably apportioned if the award is quantified at the time a third-party lawsuit is resolved.

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