Clik here to view.
Revisiting The Litigation Privilege And Its Application In Bad-Faith Cases
By David A. Mercer Introduction Over the last 25 years, courts have wrestled with the issue of whether to apply an absolute privilege to preclude bad-faith lawsuits based on an insurance company's...
View ArticleClik here to view.
Policy Covers Discharge Of Tainted Fuel Oil Into Tank, Insured Maintains
Case: Colonial Oil Industries Inc. v. Indian Harbor Insurance Co., No. 12-4063, 2nd Cir....(read more)
View ArticleClik here to view.
Insured Asks 3rd Circuit To Review Rulings On Abstention And Standing
Case: Cumberland Mutual Fire Insurance Co. v. Express Products Inc., Nos. 11-3919 and 12-2155, and Maryland Casualty Co. v. Express Products Inc., Nos. 11-3943 and 12-2156, 3rd Cir....(read more)
View ArticleClik here to view.
Policy Exclusions Bar Coverage For Wrongful Death Suit, Insurers Say
Case: Hanover Insurance Co., et al. v. Robert Jones, et al., No. 12-2196, D. Kan....(read more)
View ArticleClik here to view.
5th Circuit To Rule On 'Ongoing Operations' Liability Litigation
Case: Carl E. Woodward LLC, et al. v. Acceptance Indemnity Insurance Co., No. 12-60561, 5th Cir....(read more)
View ArticleClik here to view.
'Mobile Equipment' Clause Applies To Auto Exclusion, Insureds Tell 6th Circuit
Case: Hartford Casualty Insurance Co., et al. v. Deshon Ewan, et al., No. 12-6190, 6th Cir....(read more)
View ArticleClik here to view.
Insured Tells 6th Circuit Its Inclusion In Judgment Was An 'Oversight'
Case: Bondex International Inc., et al. v. Hartford Accident & Indemnity, et al., No. 12-4474, 6th Cir....(read more)
View ArticleClik here to view.
Kansas Federal Court Is Asked To Dismiss Tort Claims As Improper
Case: H&L Associates of Kansas City LLC v. Midwestern Indemnity Co., No. 12-2713, D. Kan....(read more)
View ArticleClik here to view.
Failure To Pay Policy's SIR Negates Duty To Defend, Insurer Argues
Case: The Insurance Company of the State of Pennsylvania v. West Hills Development Co., et al., No. 11-00374, D. Ore....(read more)
View ArticleClik here to view.
Insurers Argue Over Motion To Remand To New Jersey State Court
Case: Maryland Casualty Co. individually and a/s/o Alliance Homes LLC d/b/a Silver Park Associates LLC v. AUI Holdings n/k/a Chartis Inc., et al., No. 12-07409, D. N.J....(read more)
View ArticleClik here to view.
Reinsurer Says Petition To Confirm Arbitration Award Is In Wrong Venue
Case: First State Insurance Company, et al. v. National Casualty Company, No. 13-cv-00704, S.D. N.Y....(read more)
View ArticleClik here to view.
Owner Of Withdrawing Employer Is Liable For Assessment, 7th Circuit Rules
CHICAGO - The owner of a company that withdrew from a multiemployer plan is personally liable for the company's withdrawal liability under the Employee Retirement Income Security Act, as amended by the...
View ArticleClik here to view.
11th Circuit: Participant's Benefits-Denial And Disclosure Claims Fail
ATLANTA - A plan insurer's calculation of benefits due to a participant for his out-of-network surgery was not wrong under the plan terms, and the insurer did not violate the Employee Retirement Income...
View ArticleClik here to view.
California Federal Magistrate Judge Refuses To Remand Wage-And-Hour Class Suit
SAN JOSE, Calif. - A California federal magistrate judge on April 22 refused a motion to remand a wage-and-hour class complaint to state court, finding that the amount in controversy exceeds $5 million...
View ArticleClik here to view.
Company Seeks Stay Relief To Pursue $17.7M Patent Claim Against Bankrupt AMR...
NEW YORK - A company that claims bankrupt AMR Corp., the parent company of American Airlines Inc., is infringing on its patents by operating certain boarding pass and flight check-in systems, on April...
View ArticleClik here to view.
Panel: Court's Reasoning As To Breach Of Contract Claim Is 'Inadequate' For...
CINCINATTI - The Sixth Circuit U.S. Court of Appeals on April 24 found that a lower federal court's reasoning behind its dismissal of an insured's breach of contract claim against an insurer is...
View ArticleClik here to view.
NVIDIA Secures Dismissal Of California CFAA, Unfair Competition Claims
SAN FRANCISCO - A California federal judge agreed April 22 that allegations that NVIDIA Corp. violated the state unfair competition law (UCL), codified at California Business and Professions Code...
View ArticleClik here to view.
NLRB Petitions Supreme Court For Review Of Quorum Issue
WASHINGTON, D.C. - The president's appointment of three members to the National Labor Relations Board in 2012 during a time when the U.S. Senate decided "no business $(was to be$) conducted" was proper...
View ArticleClik here to view.
Judge: Debt Collection Letter Did Not Contain Misleading Language
CONCORD, N.H. - In an order made available on April 24, a federal judge in New Hampshire ruled that a consumer has failed to show that a debt collector violated state and federal debt collection laws...
View ArticleClik here to view.
2nd Circuit Reverses, Says Court Applied Wrong Fair Use Standard
NEW YORK - A New York federal judge erred in rejecting a fair use defense to copyright infringement allegations levied against a famous artist by a French photographer, the Second Circuit U.S. Court of...
View Article