- 03/13/2020
Coughlin Midlige & Garland Attorneys Named to New Jersey 2020 Super Lawyers and Rising Stars ListCoughlin Midlige & Garland LLP is pleased to share that ten of the Firm's attorneys have been selected to the 2020 Super Lawyers and Rising Stars list in their respective practice areas.
- 01/21/2020
Gabe Darwick, Co-Presenter for Claims and Litigation Management AlliancePlease join Gabe Darwick on January 29, 2020 at 12:00 p.m. EST as he co-presents a webinar for Claims and Litigation Management Alliance, titled, “More…
- 01/02/2020
The Mistaken “Necessary Party” Priority of Coverage DefenseA troubling trend has begun to develop in the New York additional insured coverage litigation arena on the issue of priority of coverage. Disclaiming insurers who potentially owe additional insurance coverage, when confronted with a summary judgment motion, or even at earlier stages, have argued that until they have all available policies that may provide coverage, they cannot confirm their duty to defend.
- 11/21/2019
New Jersey Appellate Panel Rules Municipal Courts Can Enforce Pollution Cleanup OrdersOn Wednesday, November 13, 2019, a three-judge panel for the New Jersey Appellate Division affirmed a Middlesex County State Court’s decision granting municipal courts jurisdiction to enforce civil penalties under the Spill Compensation and Control Act, (“the Spill Act”) pursuant to the Penalty Enforcement Law of 1999 (“PEL”).
- 11/01/2019
Coughlin Midlige & Garland LLP Earns Tier 1 and Tier 3 Metropolitan Rankings from U.S. News – Best Lawyers® "Best Law Firms" 2020Coughlin Midlige & Garland LLP is proud to announce its Insurance Law and Real Estate Law practice areas have been included in U.S. News – Best Lawyers® 2020 “Best Law Firms” Metropolitan rankings.
- 10/30/2019
New Jersey Continues Aggressive Enforcement Actions For Environmental HarmsOn Friday, October 25, 2019, State Attorney General Grubir S. Grewal (“Grewal”) and New Jersey Department of Environmental Protection (“NJDEP”) Commissioner Catherine R. McCabe (“McCabe”) announced the filing of six lawsuits against companies and individuals who allegedly polluted sites in Trenton, Kearny, Camden, East Orange, and Newark.
- 10/07/2019
Connecticut High Court Affirms Continuous Trigger, Unavailability Exception to Pro-Rata Allocation for Asbestos Bodily Injury CoverageOn October 4, 2019, the Connecticut Supreme Court affirmed the Appellate Courts’ decision in R.T. Vanderbilt Company, Inc. v. Hartford Accident and Indemnity Company, 171 Conn. App. 61 (2017), adopting the “continuous trigger” and the “unavailability exception” to pro-rata allocation for asbestos bodily injury claims.
- 10/03/2019
Third Circuit Reopens Window for Potential Coverage of Product Defect Claims Based Upon Definition of an “Occurrence”On September 13, 2019, the U.S. Third Circuit (“Third Circuit”) partially overturned a decision from the U.S. District Court (“District Court”) in favor of the insurers that an aluminum products manufacturer was not entitled to coverage for claims arising from its production of faulty window components.
- 09/19/2019
Jason Meisner to Present at DigiCON 2019 on October 11, 2019On Friday, October 11th, Jason Meisner will be presenting on “'I Can Get Sued for That?' Legal Pitfalls of Marketing in a Digital Age, and How Best…
- 09/18/2019
Heidi Minuskin to Speak at Appraisal Institute on September 19, 2019Heidi Minuskin will be speaking on a panel entitled, "Environmental Pitfalls Associated with Purchasing or Leasing Commercial Real Estate" at the Northeast NJ Chapter of the…
- 09/09/2019
New Jersey Enacts Landmark Wage Theft LawNew Jersey has now adopted what looks to be the most comprehensive wage theft law in the entire country.
- 08/19/2019
New Jersey Appellate Division Confers Additional Insured Status, Albeit Limited to that Portion of the Insured's WorkIn Comcast of Garden State, LP v. The Hanover Ins. Co., Docket No. A-3425-17T4, an unpublished decision decided on July 10, 2019, the New Jersey Appellate Division held that a putative additional insured found partially liable in an underlying personal injury action was an additional insured, but “only with respect to” the insured-contractor’s work, and, therefore, was not entitled to coverage for its own negligent conduct.
- 08/15/2019
6 Coughlin Midlige & Garland Partners Recognized in 2020 Edition of Best Lawyers in America®Coughlin Midlige & Garland LLP is pleased to announce that 6 of the firm's partners have been selected by their peers for inclusion in the 2020 edition of The Best Lawyers in America©.
- 08/14/2019
New Jersey Appellate Court Provides Some Clarity on the Scope and Use of Employment Restrictive CovenantsThe New Jersey Appellate Division has clarified the analysis required to determine the effect of restrictive covenant agreements (RCAs) and offered guidance to practitioners drafting RCAs under New Jersey law in a decision on six consolidated actions.
- 08/12/2019
New Jersey Enacts Employee Salary History BanNew Jersey has enacted a new law prohibiting employers from seeking or relying on job applicants’ salary history.
- 07/30/2019
Third Circuit Rules No Duty to Defend School District Based on Prior Knowledge of Sexual Abuse of StudentsOn July 26, 2019, the United States Court of Appeals for the Third Circuit held in favor of Coughlin Midlige & Garland’s client, an insurer, affirming summary judgment that the insurer had no duty to defend a school district against claims of sexual abuse by a teacher.
- 07/10/2019
Summary Judgment Win on Multiple Grounds Under a Professional Liability Policy as to Novel Legal IssuesOn June 26, 2019, New Jersey Superior Court Judge Mary Thurber granted summary judgment in favor of Coughlin Midlige & Garland’s client, a professional liability insurer, dismissing Plaintiffs’ claims against it in full.
- 06/25/2019
New Jersey Joins New York in Amending Statute of Limitations for Child Sexual Abuse ClaimsNew Jersey joins New York and other states in amending its statute of limitations for child sexual abuse claims.
- 06/13/2019
Ohio Court of Appeals Waffles on Scope of Duty to Defend InquiryIn a pair of recent decisions issued in the same case, the Ohio Court of Appeals has grappled with the extent of an insurer’s ability to rely on information extrinsic to the underlying complaint when determining whether a duty to defend its insured exists.
- 06/07/2019
Coughlin Midlige & Garland Prevails on Summary Judgment for Insurance Carrier in New York Supreme CourtOn June 4, 2019, Partner Robert Muilenburg prevailed on a summary judgment in New York Supreme Court for an insurer enforcing payment of seven deductibles for $425,000 arising out of a settlement of World Trade Center inhalation claims.
- 06/07/2019
Author and Professor Heidi Brown Speaks at Coughlin Midlige & Garland LLPOn Thursday, June 6th, author and professor Heidi Brown spoke to Coughlin Midlige & Garland's Women's Initiative Group and attorneys. Ms. Brown is currently the Director…
- 05/17/2019
Timothy I. Duffy Honored at Tri-County Scholarship Fund's Annual Lawyers Awards DinnerOn Tuesday, May 14th, Founding Partner Tim Duffy was honored at the Tri-County Scholarship Fund's Annual Lawyers Dinner benefiting the Tri-County Scholarship Fund's Freedom Scholars Program.
- 05/09/2019
Coverage B Conundrum: Do the Facts Alleged or the Elements of Liability Control Courts’ Duty to Defend Analysis?It is well-settled that, in Wisconsin, an insurer’s duty to defend arises whenever the factual allegations in the complaint raise a reasonable possibility of coverage. Yet in West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc., the Wisconsin Supreme Court explicitly evaluated the duty to defend based on the elements of liability to the exclusion of the factual allegations.
- 05/09/2019
New Jersey Governor Bans Non-Disclosure Agreements for Harassment, Retaliation and Discrimination ClaimsNew Jersey has joined the #MeToo movement as Governor Phil Murphy recently signed Senate Bill 121 into law. The new law prohibits employers from enforcing nondisclosure agreements against current or former employees who lodge any harassment, retaliation or discrimination claim.
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