Roland Goss

Roland Goss

Carlton Fields Jorden Burt

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United States Supreme Court Considering A California Appellate Court Opinion Invalidating A Class Action Arbitration Waiver

In a Special Focus article Rollie Goss previews another arbitration case coming before the United States Supreme Court involving the issue of whether a class arbitration waiver is unconscionable, and the impact of such a...more

8/31/2015 - Amicus Briefs Appeals Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Class Arbitration DirectTV Discover Bank Rule Federal Arbitration Act JAMS Petition for Writ of Certiorari SCOTUS Section 10(b)

Court Of Appeals Affirms Rejection Of Claims Relating To Cat Bond

We previously posted on a district court’s dismissal, with prejudice, of an Amended Complaint challenging the propriety of payments to the ceding insurer of the Mariah Re catastrophe bond which exhausted the cat bond’s trust...more

7/10/2015 - Catastrophe Bonds Insurance Industry

Sixth Circuit Denies Additional Attorneys’ Fees For Post-Arbitration Confirmation Proceeding, Finding Them Beyond The Scope Of...

The Sixth Circuit affirmed the district court’s denial of a motion for attorneys’ fees and enhancement of fees resulting from post-arbitration confirmation proceedings. The issue before the court was whether the agreement...more

7/6/2015 - Appeals Arbitration Attorney's Fees Federal Arbitration Act

Eighth Circuit Upholds Arbitration Agreement In Absence Of Actual Proof Of Unconscionability Due To Cost

The Eighth Circuit affirmed a decision by the U.S. District Court for the Eastern District of Missouri which rejected the contention that an arbitration agreement was unconscionable, and unenforceable under the Federal...more

6/30/2015 - Appeals Arbitration Arbitration Agreements Federal Arbitration Act Franchisee Franchises Franchisors Non-Signatories RICO

Honorable Engagement Provision in Arbitration Provision of Reinsurance Agreements Assists Court of Appeals in Holding that...

In First State Insurance Company v. National Casualty Co., 781 F.3d 7 (1st Cir. 2015), the U.S. Court of Appeals for the First Circuit (the “Court of Appeals”) affirmed a district court’s refusal to vacate an arbitration...more

6/8/2015 - Appeals Arbitration Arbitration Awards Insurance Litigation Reinsurance

CFPB Issues Arbitration Study – Possible Impact On Reinsurance Unclear

The Consumer Financial Protection Bureau has issued a study that is critical of arbitration in the context of consumer claims, contenting that arbitration “restricts” the rights and remedies of consumers by limiting or...more

3/23/2015 - Arbitration CFPB Consumer Financial Products

NAIC Considers Proposal Which Might Expand The Market For Cat Bonds Among Life Insurance Companies

At the November 17, 2014 meeting of the Valuation of Securities Task Force of the NAIC’s Financial Condition (E) Committee, a proposal was received from the North American CRO [Chief Risk Officers] Council to modify the...more

3/11/2015 - Bonds Catastrophe Bonds Insurance Industry Life Insurance NAIC

Treaty Tip: Clarity In Reinsurance Contracts

Reinsurance agreements commonly contain a dollar limit on the liability of the reinsurer. Both the reinsured and the reinsurer benefit from clarity with respect to such limits. The reinsured benefits by knowing with precision...more

1/20/2015 - Insurance Industry Insurance Litigation Liability Policy Limits Reinsurance

Connecticut Revises Financial Reporting Requirements

The Connecticut Insurance Department has issued two Bulletins revising certain financial reporting requirements for certain insurers. Bulletin FS-4AR-14 (November 25, 2014) revises the annual financial filing requirements...more

1/8/2015 - Insurance Companies NAIC Reinsurance Reporting Requirements

Rhode Island Supreme Court Bars Second Arbitration Based On The Doctrine Of Res Judicata

An architectural firm contracted to provide architectural, engineering and design services for a state veterans home for a “not to exceed fee” of $61,500, which was calculated as a percentage of overall expected construction...more

1/7/2015 - Arbitration Construction Contracts Construction Disputes Construction Industry Construction Project Equitable Relief Res Judicata

Cat Bond Litigation: Unambiguous Bond Documents Cause Court To Dismiss With Prejudice Complaint Seeking to Claw Back Payments Made...

The United States District Court for the Southern District of New York has dismissed, with prejudice, claims relating to the triggering of the Mariah Re severe weather event cat bond. Mariah Re Ltd. v. American Family Mutual...more

10/13/2014 - Catastrophe Bonds Clawbacks Reinsurance

12 Tips for Settling Class Actions

The successful resolution of every class action lawsuit is case- and company-specific. Still, certain issues and strategic considerations arise in nearly every matter. The following tips address many of the considerations...more

7/29/2014 - CAFA Class Action Litigation Strategies

Signatories And Non-Signatories Denied Motions To Compel Arbitration

The Tenth Circuit Court of Appeals and a federal district court in Michigan have each issued opinions on motions to compel arbitration. In the Michigan opinion, the court granted a motion for summary judgment, in favor of the...more

6/26/2014 - Arbitration Arbitration Agreements Motion to Compel

Eleventh Circuit Restricts Extrastatutory Judicial Review Of Arbitration Awards

The Eleventh Circuit recently limited the authority by which an aggrieved party can obtain judicial review of arbitration awards outside of the four grounds enumerated in the Federal Arbitration Act, ruling that an insurance...more

6/25/2014 - Arbitration Arbitration Awards Federal Arbitration Act Judicial Review

Appellate Court Holds That Arbitrators Did Not Act In Excess Of Their Authority Or In Manifest Disregard Of Law In Denying Motion...

The Ninth Circuit Court of Appeals affirmed a district court’s denial of a motion to vacate an arbitration award issued in a dispute between the Johnsons and Wetzel’s Pretzels, concerning the termination of a franchise...more

6/19/2014 - Appeals Arbitration Franchise Agreements Motion to Vacate

Appellate Courts Address Jurisdiction To Hear Disputes Concerning Arbitration

Establishing that a federal court has jurisdiction to hear an arbitration dispute is not always easy. The Fourth Circuit recently affirmed the dismissal of an action seeking to vacate an arbitration award based upon lack of...more

6/18/2014 - Arbitration Arbitration Awards Federal Arbitration Act Jurisdiction Subject Matter Jurisdiction

CFTC Issues No Action Letter On Application Of Swap Rules To Longevity Reinsurance Transaction

There has been considerable concern in the insurance and reinsurance industries that certain hedging and reinsurance activities that companies have engaged in for a number of years, particularly with respect to life insurance...more

6/16/2014 - CFTC Compliance Dodd-Frank Life Insurance Reinsurance Swap Dealers Swaps

Vermont Amends Its Captive Insurer Law

Vermont has amended its captive insurer statute (H. 563) to permit a company to elect a “dormant captive insurance company” status for a period of five years (renewable) if it meets certain criteria: (1) unimpaired, paid-in...more

6/4/2014 - Captive Insurance Company

Dispute Pending In Court May Not Be Made Subject To Arbitration

An individual had a dispute over work-related issues while working at a Citicorp call center. His employment agreement required arbitration of individual disputes but did not require the arbitration of class claims....more

6/3/2014 - Arbitration Arbitration Agreements Class Action

A Court May Not, under the Guise of Adjudicating a Breach of Contract Dispute, Stay an Arbitration Which Is in Process Based upon...

Savers Property and Casualty Insurance Company v. National Union Fire Insurance Company, __ F.3d __, 2014 WL 1378134 (6th Cir. April 9, 2014) - Case at a Glance - A district court enjoined an ongoing...more

5/28/2014 - Appeals Arbitration Arbitration Awards Federal Arbitration Act Reinsurance Stays

Treaty Tips: The Service Of Suit Provision

One common provision in reinsurance agreements is a Service of Suit provision, which typically provides that the parties consent to the jurisdiction of “any court of competent jurisdiction.” The breadth of the traditional...more

4/1/2014 - Arbitration Agreements Jurisdiction Mandatory Arbitration Clauses Reinsurance

Court Orders Pre-Pleading Security Posted In Reinsurance Disputes

Excalibur Reinsurance provided reinsurance to Travelers Indemnity. Disputes arose and Travelers filed two lawsuits against Excalibur in United States District Court in Connecticut. ...more

3/24/2014 - Indemnification Indemnity Agreements Reinsurance

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