Monthly Archives: June 2017

2nd Circuit Weakens ERISA Preemption

A recent 2nd Circuit Court of Appeals decision interpreted New York’s General Obligations Law § 5-335, which provides that personal injury settlements “shall be conclusively presumed” not to include “any compensation for the cost of health care services, loss of … Learn More

Nebraska Supreme Court Provides Valuable Clues To “Fair And Equitable” Distribution Of Recovery Under § 48-118(2)

Nebraska has recently become a battleground in the war against workers’ compensation subrogation being waged by trial lawyers. Nebraska is a “tweener” when it comes to workers’ compensation subrogation. It doesn’t provide a carrier with a first money right to … Learn More

Driverless Car Litigation

Gary Wickert recently appeared on a national Ringler Radio program, hosted by Larry Cohen. The program, titled “Driverless Car Litigation”, focused on the ever-changing intersection between the exploding industry of self-driving vehicles and litigation. The latest innovations in driverless cars … Learn More

Wisconsin Court Of Appeals Reminds Insurance Carriers To Seek Judicial Determination Of No Coverage Before Denying Tender Of Defense

On May 2, 2017, the Wisconsin Court of Appeals outlined why an insurance carrier that fails to defend an insured without first seeking a judicial determination of no coverage does so at its own peril. See Country World Media Group, … Learn More