Personal Injury

Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 25, 2013

Eleventh Circuit Holds Mental Anguish Claim Not Bodily Injury

by Traub Lieberman Straus & Shrewsberry LLP on 4/12/2013

In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether an...more

Preserving a UM/UIM Carrier’s Right to Defend

by Ian Lambeets, Justin Ward | Sands Anderson PC on 1/4/2013

In its recent decision in Transportation Ins. Co. v. Womack, the Virginia Supreme Court held that uninsured/under-insured motorist (UM/UIM) carriers who cede control over litigation to a defendant or his liability carrier...more

Self-Funded Plans Need to be Careful in Enforcing Subrogation Rights

by Leonard, Street and Deinard - Employee... on 9/26/2012

A recent Eighth Circuit Court of Appeals decision considered the situation of a participant covered under a self-funded ERISA plan who sustained injuries in a slip and fall accident. The plan paid health benefits for that...more

Buyer Beware: 363 Sale May Not Absolve Successor Liability

by Mintz Levin - Bankruptcy, Restructuring &... on 4/19/2012

It has long been understood by buyers of assets of distressed companies that once a sale is authorized pursuant to Section 363 of the Bankruptcy Code, the buyer is absolved of any liabilities which may have encumbered the...more

Be Careful What You Wish For, You Just Might GIT It

by Gilbert LLP on 6/7/2011

Originally published in Law 360 - June 7, 2011. The Third Circuit recently reached a sharply divided en banc decision concerning insurer standing to object to a debtor-policyholder’s bankruptcy plan in In re Global...more

CR&B Alert: Commercial Restructuring & Bankrtupcy News - September 2010, Issue 3

by Reed Smith on 9/14/2010

IN THIS ISSUE: • Sellers Beware — Unauthorized Payments from ‘Cash Collateral’ Will be Avoided — page 2 • The Third Circuit Expands the Substantial-Performance Test to Determine if a Trademark License Contract is...more