Abigail Kortz

Abigail Kortz

Carlton Fields Jorden Burt

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Supreme Court Helps Level The Playing Field For Patent Infringement Defendants

When facing a patent litigation threat, potential defendants have the option to seek a declaration that they are not infringing. Until recently, however, that strategy carried a hidden risk: the burden of proof on the...more

5/7/2014 - Medical Devices Medtronic Patent Infringement Patent Litigation Patents SCOTUS

Trio Of Cases Between Insurers And Reinsurers Reduced To Two

Within weeks of each other, three suits were filed involving overlapping parties and similar claims regarding arbitration of disputes arising from reinsurance agreements between Transatlantic and Continental and between...more

4/22/2014 - Insurers Reinsurance

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more

3/31/2014

Federal Policy Favoring Arbitration Trumps Choice-Of-Law Clause

When an arrangement to jointly design health insurance products went sour, the product company (“PBG”) brought breach of contract and tort claims against its insurance agents. Acknowledging an existing arbitration agreement,...more

3/5/2014 - Arbitration Choice-of-Law

Silence Is Golden: Reinsurer Ordered To Pay Prejudgment Interest To Insurance Company’s Liquidator On Agreement Silent As To...

A New Hampshire insurance company, Home Insurance Company (“Home”), was placed in liquidation in 2003. When its reinsurer Century Indemnity Company (“CIC”) tried to claim an $8 million setoff from amounts owed to Home, the...more

3/3/2014 - Indemnification Liquidation Prejudgment Interest Reinsurance

Microsoft Takes Home The Gold In Arbitration Against Yahoo!

For the past several years, Yahoo! has been merging its search engine and search ads system, Panama, with Microsoft’s Bing search engine. Yahoo! “paused” its efforts to integrate with Microsoft in Taiwan and Hong Kong when...more

2/19/2014 - Arbitration Microsoft Yahoo!

Tenth Circuit Holds FAA Preempts New Mexico Unconscionability Law

New Mexico law considers arbitration provisions that apply primarily to the claims that one party to the contract is likely to bring to be unconscionable and unenforceable. This law, the Tenth Circuit holds, is preempted by...more

2/17/2014 - Federal Arbitration Act Mexico Preemption Unconscionable Contracts

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