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The 2013 Captive Quandary And The Duty Of Utmost Good Faith
By Adam H. Fleischer and Jason P. Minkin I. Introduction Today more than ever, reinsurers are reinsuring either captive insurance companies or reinsureds who retain only a very small share of the risk...
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Cat Bond Structures And The Role Of Various Parties Participating In Cat Bonds
By Cliff Schoenberg and Richard Spitzer Cat Bond Structures In a catastrophe bond (cat bond), a special purpose reinsurer is formed, typically in an offshore tax-efficient jurisdiction. The special...
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Split U.S. High Court: Individual, Collective Claims Mooted By Judgment Offer
WASHINGTON, D.C. - Individual and collective claims by the sole named plaintiff in a wage-and-hour collective action were rendered moot once her employer offered judgment in an amount that represented...
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Supreme Court Denies Certiorari; Provider Can Sue For Avandia-Related Expenses
WASHINGTON, D.C. - The U.S. Supreme Court on April 15 denied a petition for writ of certiorari filed by GlaxoSmithKline PLC (GSK), leaving stand a decision allowing a Medicare Advantage provider to...
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Class Certification Vacated In Disability Education Suit; Reconsideration...
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on April 12 vacated the class certification order in a lawsuit over the education provided to disabled children within the...
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Class Cert, Amended Complaint In Insurance Payment Suit Denied
HELENA, Ark. - An Arkansas federal judge on April 3 denied motions for class certification and an amended complaint in a lawsuit filed by an Arkansas woman alleging that her former insurance provider...
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Ariz. Federal Judge Certifies Class Of Cashiers Claiming Improper Wage...
PHOENIX - A senior Arizona federal judge on April 4 certified a class of grocery store cashiers claiming that various pay deductions resulted in pay that sometimes was below minimum wage (Jose Pablo...
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Certification Denied For Employees' Conspiracy Claims Against High-Tech...
SAN JOSE, Calif. - A federal judge in California on April 5 denied certification of two proposed classes of employees of seven high-tech companies on the employees' allegations that the defendants...
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Texas Federal Judge Partially Certifies Class Of Security Guards In Wage Dispute
SAN ANTONIO - A Texas federal judge on April 8 agreed to partially certify a class of security guards seeking unpaid overtime wages they allege they were denied when they were improperly classified as...
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4th Circuit: School District Temps Have No Claim To Arbitration Award
RICHMOND, Va. - A Maryland school district's temporary employees are not members of the bargaining unit and are not entitled to any part of an arbitrator's award to the union that represents the...
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Waiver In Check-Cashing Agreement Is Enforceable, Florida Supreme Court Rules
MIAMI - The Florida Supreme Court on April 11 found that a class action waiver in an arbitration agreement signed by check-cashing customers is valid and enforceable, overruling a lower court's...
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Arbitration Ordered In Mechanic's Class Suit Seeking Overtime
FLINT, Mich. - A Michigan federal judge on April 12 granted a motion to compel arbitration in a class wage dispute, finding that the employment agreement signed by the lead plaintiff was binding...
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Pennsylvania Federal Judge Strikes Class Claims Prior To Certification Motion
PITTSBURGH - A former fast food chain employee filed an amended disability bias complaint April 12 bringing only individual claims, after her class claims were rejected earlier that day by a...
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6th Circuit: MDL Plaintiffs' Claims Tolled By Prior Class Action
CINCINNATI - A prior putative class action against a membership program preserved the right of the plaintiffs in the present multidistrict litigation to proceed with their claims challenging the same...
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9th Circuit: Employees May Seek Pay For Time Spent In Security Line
STANFORD, Calif. - The Ninth Circuit U.S. Court of Appeals on April 12 reinstated a class claim seeking compensation for the time warehouse employees spend at the end of each shift passing through a...
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Federal Magistrate Dismisses State Wage Claim For 2nd Time, Allows Amendment
CHICAGO - A cable company line technician's class overtime claim under the Illinois Wage Payment and Collection Act (IWPCA) was dismissed the second time in an April 11 opinion filed by an Illinois...
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8th Circuit Orders Dismissal Of DPPA Class Suit Against West Publishing
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on April 9 dismissed a class complaint accusing West Publishing Corp. of various federal violations in connection with the sale of motor...
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D.C. Federal Judge: Minimum Wage Act Is Exclusive Remedy For Unpaid Overtime
WASHINGTON, D.C. - The District of Columbia Minimum Wage Act (DCMWA) provides the exclusive remedy for a university employee seeking unpaid overtime, a District of Columbia federal judge ruled April 5,...
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Judge: Competition Law Claims Involving Lawyer's Google Advertising Proceed
SAN JOSE, Calif. - An Arkansas lawyer may pursue most of his California unfair competition law (UCL) action based on his alleged reliance on Google Inc.'s advertising pricing and placement policies, a...
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Food Mislabeling Claims Against Costco Fall Short Of Rule 9, Judge Says
SAN JOSE, Calif. - While one of two plaintiffs has standing under Article III of the U.S. Constitution, their California unfair competition law (UCL) claims over the alleged mislabeling of food...
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