Articles by Andrew G. Simpson

Supreme Court Ducks Hotel’s Challenge to Disability Access Tester’s Right to Sue

The U.S. Supreme Court has passed on deciding whether private citizen “testers” who search online for and then sue companies that appear to not be in compliance with federal disability regulations have standing to sue. However, the high court advised …

Fishing Community Mayor, Top Officials Off the Hook in Retaliation Claims

The mayor and other city officials in the fishing community of Gloucester, Massachusetts are protected under qualified immunity against claims by the city’s harbormaster that they violated his First Amendment rights. The harbormaster sued the mayor, city solicitor, chief administrative …

Lawsuit Blames Negligence by Plant Owner, HVAC Contractors for Cannabis Worker’s Asthma Death

A lawsuit has been filed over what has been identified as the cannabis industry’s first asthma workplace death. The mother of a worker who died from an asthma attack at a Massachusetts cannabis processing plant in 2022 has brought wrongful …

Columbia University and Hospital Plan $100M Fund for Hadden Sex Abuse Survivors

New York City’s Columbia University and Columbia University Irving Medical Center (CUIMC) announced a plan that includes a $100 million fund for survivors to address the abuse and trauma inflicted by former gynecologist Robert Hadden. The $100 million survivors’ settlement …

Judge Upholds $24M Award in Suit by Employee with Social Anxiety Disorder

A federal district court judge in Massachusetts has upheld a $24 million jury award for a woman who sued her employer for retaliation and discrimination because of her social anxiety disorder. The employer, PPD Development, has criticized the outcome handed …

Supreme Court to Hear Free Speech Complaint by NRA Against New York Regulator

The U.S. Supreme Court last Friday agreed to hear an appeal by the National Rifle Association of a case in which it accuses a New York insurance regulator of violating its free speech rights when she urged insurance companies and …

Harvard Lawsuit Says Marsh to Blame for Loss of $15M in Coverage for Admissions Fight

Having lost two bids to recover $15 million from its insurer to cover costs related to its failed defense of its admissions policy, Harvard University is now looking to hold its insurance broker, Marsh, responsible. Harvard’s excess insurer Zurich American …

Courts Find ‘How Many Apartment Units Are There?’ Is an Ambiguous Question

Because its application question about how many apartments were in a New York building was considered ambiguous, an insurer has lost its bid to deny a commercial property insurance claim and rescind the policy. The Second Circuit Court of Appeals …

Mass. Court: Drowsy Driver Can Be Held Liable for Crash if Condition Was Foreseeable

A driver who suffers a sudden medical emergency and crashes into another vehicle may be held liable for the accident even if never diagnosed with the condition or never advised not to drive. If the driver knew or should have …

Filing a Day Late Leaves Insurer Short Under Mississippi’s Statute of Limitations

The Mississippi Supreme Court has ruled that an insurer misunderstood when a three-year statute of limitations begins in dismissing the insurer’s claims relating to a fire on an insured’s property. The high court affirmed that a statute of limitations begins …