- Cause of Death Usually Does Not Impact Life Insurance Payment July 31, 2017
Many people mistakenly assume that the cause of death might impact whether the life insurance company pays the claim for life insurance. Under most circumstances, however, the cause of death would only directly impact the life insurance company’s decision to pay the benefit owed (1) if the deceased committed suicide and (2) if the death ...
- Life Insurance Policies with Vanishing Premiums – and Vanishing Policies June 5, 2017
Many life insurance companies have sold life insurance policies with the enticing premise that the premiums paid in the early years of the policy will accrue interest that will pay for the premiums owed in the later years.
- Trief & Olk Wins Summary Judgment in Complex Construction Accident Case April 19, 2017
Trief & Olk recently won an appeal of an order which granted the plaintiff summary judgment of a complex Labor Law 241(6) claim.
- Recent Recall Signals Danger for Hip Implant Reciipients December 20, 2016
The recall, issued on August 29, 2016, involves Stryker’s LFIT Anatomic V40 Femoral Heads (“LFIT V40 Femoral Heads”). While the recall is limited to slightly more than 42,500 LFIT V40 Femoral Heads (a considerable number in and of itself), the issues that caused the recall may be present in a much larger amount of products.
- Don’t Lose Life Insurance Coverage When you Need it Most – When you are Gravely Ill November 18, 2016
Many employers provide employees with the option to purchase group life insurance coverage in addition to basic coverage provided by the employer and paid for by the employer.
- Who to Sue for Construction Accidents August 30, 2016
When construction workers are injured on the job, they are usually unable to bring personal injury lawsuits against the most obviously responsible party, their employers, due to the Workers’ Compensation Law.
- Don’t Forget The Tip (and Consider Leaving Cash) May 27, 2016
While some states are considering eliminating the distinction between tipped and non-tipped wages and pressure on Congress to increase the minimum wage would likely also include an effort to increase the federal tipped wage may eventually be raised, that day is not here yet, a fact you should keep in mind when you dine out ...
- Update: CFPB Considers Ban on Arbitration Clauses May 6, 2016
The proposed rule would restrict the use of arbitration clauses in consumer financial contracts that had barred consumers from pursuing class actions in court, instead requiring them to attempt individual actions in arbitration.
- Understanding Your Homeowner’s Insurance Coverage May 6, 2016
Homeowners assume that once they have obtained insurance for their home, they are protected if a loss – such as damage to due to a fire or storm, stolen property, etc. – later occurs.
- CFPB Considers Ban on Arbitration Clauses April 15, 2016
The Consumer Financial Protection Bureau (“CFPB”), the federal agency responsible for regulating the consumer financial industry, appears poised to regulate arbitration clauses that restrict consumers’ relief when a dispute arises between them and their financial service provider.
- Hip Replacement Litigation Expected to Proliferate April 8, 2016
When a patient undergoes joint replacement surgery, the expectation is that the joint replacement will last as many as twenty years before it needs to be replaced.
- Supreme Court Permits Use of Representative Evidence [Update re Tyson Foods] April 5, 2016
Plaintiffs in class actions scored a victory in the Supreme Court, with a 6-2 opinion authored by Justice Kennedy, in Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ____ (2016). In Tyson Foods, the Court affirmed that the use of so-called “representative evidence” – such as a statistical sample – is permissible for establishing liability in ...
- Unaccepted Offers Do Not Halt Class Actions March 29, 2016
One of the many tools defendants use to stem class actions involves paying a claimant their full damages at the outset of the lawsuit. The theory being, if the person bringing the lawsuit is now fully compensated, they have no standing to carry the case forward and thus no standing to represent a potential class ...
- Hidden Arbitration Clauses Curtailed in NJ March 25, 2016
A spate of recent decisions out of New Jersey has cast doubt on the practice made popular over the last decade by large corporations of burying small-font arbitration clauses deep into boilerplate agreements, hiding them from consumers.
- Representative Evidence Challenged In Supreme Court March 22, 2016
Currently pending before the United States Supreme Court is Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, in which the employer is challenging certification of a class of employees seeking unpaid overtime. After oral argument was held on November 10, 2015…
- NLRB Challenges Class Action Waivers In Employment Agreements March 10, 2016
Over the past decade, large corporations have found a mechanism for avoiding class action litigation: their contracts or employment agreements include provisions that require any disputes be brought through private arbitration, rather than in a court, and that any such arbitration be handled on an individual basis.
- Montanile and ERISA liens February 22, 2016
In many personal injury lawsuits, the plaintiff’s medical care is paid by his or her private health insurance. In most states, the health insurance company (the insurer) can assert a lien on plaintiff’s recovery, i.e., any verdicts or settlements, to reimburse the insurer for the health benefits it paid out. New York is one of ...
- Construction Accidents and Labor Law 241(6) February 12, 2016
For anyone working at construction sites, it’s imperative to know the law. Construction sites are, by their very nature, dangerous. Workers are constantly exposed to dangerous working conditions, including defective power tools, fall hazards, insufficient safety devices, falling objects, and electrical hazards.
- OtisKnee Investigation February 17, 2015
Trief & Olk is currently investigating OtisMed Corporation, the maker of OtisKnee, for intentionally distributing knee replacement surgery cutting guides after their application for marketing clearance had been rejected by the Food and Drug Administration (FDA). If you believe that an OtisKnee guide was used in your knee replacement surgery, contact the product liability attorneys ...
- Class Actions – “Organic” Food Claims January 13, 2015
An assortment of class action lawsuits have targeted food producers that mislabeled their products “organic” when in fact they failed to meet the stringent standards set forth by the USDA. To qualify as organic, a product must be certified in accordance with the National Organic Program (NOP), which requires that “organic” products contain at least ...
- Class Actions – “Natural” and GMOs January 13, 2015
With consumers growing increasingly health conscious, many major food manufacturers are attempting to brand their products as healthy and “natural.” At the same time, the overwhelming majority of staple crops such as corn and soy planted in the United States are genetically engineered (GE). This has inevitably led to a host of issues for consumers ...
- Class Actions – NFL Drug Abuse January 13, 2015
A proposed class action filed against the National Football League (NFL) alleges decades of drug abuse perpetrated by team medical officials. Specifically, the lawsuit claims that NFL players were routinely given prescription pain medication in an effort to get them back on the playing field, in contravention to medically accepted practices and Federal drug laws.
- Pharmaceutical Product Liability Lawsuit November 21, 2014
“Heightened” Pleading Standards in Pharmaceutical Product Liability
The U.S. Supreme Court’s decisions in Twombly and Iqbal have altered the pleading landscape for pharmaceutical product liability actions. The new decisions unravel nearly sixty years of precedent established by the Supreme Court in Conley v. Gibson, which held that, “a complaint should not be dismissed for failure to ...
- Limits on Job Responsibilities for Tipped Employees November 20, 2014
The Fair Labor Standards Act (“FLSA”) establishes a framework by which employers can take the benefit of a tip credit and pay tipped employees—those who customarily and regularly receive more than $30 per month in tips—a reduced hourly rate of pay. Employers who elect to use the tip credit must ensure that an employee’s tips ...
- Property Insurance Denial Lawsuit November 3, 2014
Replacement Cost Value May Be Recoverable In Limited Circumstances Even When the Insured Does Not Rebuild
Policyholders purchase property insurance to ensure that their home or real estate investment is protected against accidents such as fires. Although property insurance coverage will usually be either actual cash value or replacement cost coverage, the standard type of coverage ...