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.

Download this publication as a PDF

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Lory

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman