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EPA Announces the First 10 Chemicals Selected for Risk Evaluation under TSCA

The EPA has announced the first 10 chemicals it will evaluate for potential risks to human health and the environment under the Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Read the EPA press release HERE. Per the EPA’s Press Release: “Under TSCA EPA […]

Robert DiStefano Speaker & Presenter at the NASP 2016 Annual Conference

Robert DiStefano, Esq. – Speaker NASP 2016 ANNUAL SUBROGATION CONFERENCE EVENT: On October 25, 2016, Robert DiStefano, Senior Partner, was a Speaker and Presenter at the NASP 2016 Annual Conference at The Broodmoor – Colorado Springs, CO. Mr. DiStefano presented on the Subrogation Topic: “Overcoming Wrongful Denials of Coverage in Motor Vehicle Accidents.”    Insights and […]

Decision Alert: Subrogation: Court Order Upholding Arb Award in Excess of Policy Limits

TRIAL COURT IN MONMOUTH COUNTY REQUIRES COMMERCIAL MOTOR VEHICLE INSURER TO PAY AN ARBITRATION AWARD IN EXCESS OF ITS POLICY LIMITS Summary of Court Decision obtained by Clark & DiStefano: On October 14, 2016, Monmouth County Superior Court Judge Dennis R. O’Brien entered an order confirming an arbitration award entered in Arbitration Forums even though […]

Decision Alert: Cuevas: NJ Supreme Court – Standards for Remittitur

New Jersey Courts have historically treated personal injury verdicts with great respect. Verdicts were set aside only in the clearest of cases and for very specific reasons based upon the record of each case. In 2011, the New Jersey Supreme Court, in the case of He v. Miller, 207 N.J. 230 (2011), changed that historical […]

Lawyers Divided on Impact of Mode-of-Operation Ruling

It will be months or years before the full impact of the New Jersey Supreme Court’s September decision restricting slip-and-fall plaintiffs’ use of the “mode-of-operation” doctrine is known. But plaintiff and defense practitioners certainly have taken notice. Michael Booth, New Jersey Law Journal See full article here.

NJ High Court To Consider Insurance Fraud Standard

The New Jersey Supreme Court on Tuesday agreed to review an appellate court’s decision reversing a nearly $4 million judgment for Allstate and two affiliates, in a dispute over whether a business partnership that submitted claims to the insurer was intentionally structured in violation of state insurance fraud law. Jeff Sistrunk, Law 360 See full […]

NJ Bill Could Boost Catastrophe Lawsuits Against Insurers

The pros and cons of legislation that would subject insurers to more lawsuits by natural disaster victims took center stage at a New Jersey Assembly committee hearing Thursday, as lawmakers mulled a bill prompted by Superstorm Sandy’s aftermath. Jeannie O’Sullivan, Law 360 See full article here.

US Supreme Court to Rule on Right of Reimbursement for ERISA Plans

“Subrogation.” This is the last word a plaintiff in a personal injury action wants to hear.  It refers to an insurance company’s right to stand in – or alongside – its insured’s shoes and seek recovery of money the insurance company has paid on behalf of its insured.  While subrogation may sound like an abhorrent […]