Shoemaker Converse is suing a range of companies including Wal-Mart and Ralph Lauren for infringing on one of its 100-year-old designs. The company is complaining that its rivals have copied the iconic Chuck Taylor design which was first released in 1917. Converse has filed legal papers in New York complaining
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Pardalis & Nohavicka Insurer Litigation Update: Protect Your Claim File at Deposition!
Mercury Ins. Co., litigated to stay Uninsured Motorist arbitration, and to bring in GEICO. GEICO's rep was deposed and referred to docs in the claim file to refresh her memory when responding to questions. Merc's counsel wanted a look-see at the file; counsel for GEICO refused claiming that the contents
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PN Insurance Law Update: NY Assigned Risk Policy Cancellation Invalid Where Reason Provided is Cryptic
The car in question was owned ,but not registered, by the insured. The insurer attempted to put the assigned risk policyholder on notice of cancellation with the following language: "As per section 18:2:3 violations of conditions on which insurance was issued. No insurable interest in the 2005 Chrysler." The cancellation
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PN Premises Liability Update: Slip and Fall Defense — Defect Trivial, Case Dismissed
Whether a dangerous or defective condition exists depends on the facts of each case, and is usually a question of fact for the jury. BUT: property owners will not be held liable for trivial defects, not constituting a trap or nuisance, that might cause someone to stumble, stub their toes,
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PN Auto Negligence Defense Update: Rear End Hit is Not Always Liability Endgame
Although a rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the driver of the rear vehicle, even assuming that defendant driver failed to maintain a reasonably safe distance and rate of speed while traveling behind the plaintiff's vehicle, deposition testimony of
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