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Eighth Circuit recognizes plain language of wholesale power contracts among electric cooperatives does not permit early...

The US Court of Appeals for the Eighth Circuit has recently confirmed the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives....more

Courts uphold wholesale power contracts among electric cooperatives 

Courts in South Carolina and South Dakota have recently recognized the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives. ...more

Another climate change lawsuit remanded to state court

The Tenth Circuit has recently joined its sister circuits, the Fourth Circuit and Ninth Circuit, in finding that federal courts do not have subject-matter jurisdiction over state-law nuisance claims. A Colorado climate-change...more

Legal and Regulatory Developments - Business Interruption Insurance for COVID-19 Related Losses

As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country is whether all or a portion of losses may be covered by insurance. Because...more

Climate change litigation remains in state courts (for now)

Over the past decade or more, plaintiffs have sought to “hold companies accountable” for their supposed contributions to climate change. Having been rebuffed from bringing claims in federal court under federal common law,...more

Patronage capital update

The federal courts of appeals have generally recognized that electric cooperatives can retire patronage capital to their members through means other than annual cash payments. For example, the US Court of Appeals for the...more

Patronage capital case dismissed

Pennsylvania’s REA Energy Cooperative, Inc. obtained dismissal of a putative class action lawsuit last year, a decision that was recently confirmed by the US District Court for the Western District of Pennsylvania. The...more

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

How is Hurricane Season Impacting Your Supply Contracts?

The 2017 hurricane season has already had a significant impact, with Hurricanes Harvey and Irma causing billions of dollars of damage in Texas and Florida. And more hurricanes are likely on the way. ...more

Georgia Court of Appeals Affirms Dismissal of Georgia Patronage Capital Lawsuits

The Georgia Court of Appeals has affirmed the dismissal of two class action patronage capital lawsuits against Oglethorpe Power Corporation, Georgia Transmission Corporation (GTC), and certain distribution electric membership...more

Recent Pro-Cooperative Decisions in Class Action Patronage Capital Cases

Cooperatives facing patronage capital lawsuits have recently enjoyed a series of favorable court opinions. Over the past few months, the Eleventh Circuit and state and federal courts in Florida have all dismissed claims for...more

North Carolina Rejects Third-Party Sales of Solar-Generated Electricity

The North Carolina Utilities Commission recently ruled that third-party sales of solar-generated electricity violate state law. The Commission rejected a test case brought by an advocacy group seeking to legitimize such...more

Price Optimization: 2015 Year in Review and a Look Ahead

2015 saw approximately one-third of U.S. states join the first state, Maryland, in issuing guidance to property and casualty insurers with respect to price optimization; action by the National Association of Insurance...more

Court Rules on Antitrust Claims Arising from Changes to Electricity Pricing Plans for Home Solar Users

A federal court allowed certain antitrust and state law claims brought by an installer of distributed solar energy systems against Arizona’s Salt River Project Agricultural Improvement and Power District (SRP) to move forward...more

The Latest on Price Optimization

Nearly one-third of the U.S. states have now issued directives on the use of price optimization to determine insurance rates and, to date, most states have taken a skeptical view of the practice. Meanwhile, at the national...more

Battle Lines Drawn in Arizona Solar Rate Design Cases

Electric utilities and residential solar companies continue to wrangle over charges applicable to rooftop solar customers. Recent filings in rate design cases involving Arizona Public Service Company (APS) and UNS Electric,...more

Solar Power Fights Heat Up

The clash between residential solar companies and utilities continues to heat up in courts and public utility commissions. As solar technology continues to improve, more households are installing rooftop solar systems. ...more

Update on NAIC and State Regulatory Activity on “Price Optimization”

Regulatory activity on price optimization appears to be coming to a head. The National Association of Insurance Commissioners (NAIC) Casualty Actuarial and Statistical (C) Task Force is continuing to gather input, with all...more

Supreme Court Allows Disparate-Impact Claims Under the Fair Housing Act

The Supreme Court held today that the Fair Housing Act (FHA) not only prohibits intentional discrimination, but also establishes liability for practices that result in a disparate impact on minority groups. Texas Department...more

NAIC Unclaimed Benefits Model Drafting (A) Subgroup Identifies Key Model Law Issues

On May 29, the National Association of Insurance Commissioners (the NAIC) Unclaimed Benefits Model Drafting (A) Subgroup (the Subgroup) met to discuss regulator and industry materials submitted to the Subgroup and identified...more

Price Optimization Update: NAIC Revises White Paper, Florida and Indiana Question Certain Practices

“Price optimization,” a practice that uses predictive modeling and data analytics in pricing insurance products, continues to draw the attention of state regulators, consumer advocates, and class action plaintiffs. ...more

Ninth Circuit Rejects Challenge to Bonus Annuity

The U.S. Court of Appeals for the Ninth Circuit has affirmed summary judgment for the insurer in a putative RICO class action relating to a bonus indexed annuity. Rejecting the plaintiff’s claims, the court held that the...more

California Joins Maryland and Ohio in Addressing “Price Optimization”

The California Insurance Commissioner issued a notice on February 18, 2015 to more than 750 property and casualty insurers doing business in California, announcing that “any use of Price Optimization in the ratemaking/pricing...more

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