Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Bill on Bankruptcy: Delaware Garners Almost All Big Chapter 11s
Bill on Bankruptcy: Listening in the Dark at the NCBJ
International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
What to Do When the Government Comes Calling – Interview with Peter Chavkin, Member, Mintz Levin
Bill on Bankruptcy: Unprecedented Actions by Two District Judges
Bill on Bankruptcy: Sex Doesn't Sell Enough to Avoid Bankruptcy
ITC: Protecting Intellectual Property in the US – Interview with Joe Hameline, Member, Mintz Levin
Municipal Bankruptcies – Interview with Bill Kannel, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds
Bill on Bankruptcy: Appeals Court Changes the Law on Fraud
Bill on Bankruptcy: Sandbagging of a Federal District Judge
Bill on Bankruptcy: Detroit Could Mean Little for Creditors
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Coyle: Robert's SCOTUS Doesn't Respect Congress
Do you know the restrictions for a probationary driver in New Jersey?
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Utica Mut. Ins. v. Munich Reinsurance Am., Inc., No. 6:12-CV-0196 (LEK/ATB), 2013 U.S. Dist. LEXIS 141212, 2103 WL 5493704 (S.D.N.Y. Sept. 30, 2013).
A New York federal court granted summary judgment to a reinsurer in...more
Cont’l Cas. Co. v. MidStates Reinsurance Co., No. 12 CH 42911 (Ill. Cir. Ct. Sept. 10, 2013).
An Illinois state court granted a reinsurer’s motion for judgment on the pleadings in the case where the cedent sought a...more
Public Risk Management of Fl. v. One Beacon Ins. Co., No. 6:13-cv-1067-Orl-31 TBS, 2013 U.S. Dist. LEXIS 150091, 2013 WL 5705575 (M.D. Fl. Oct. 18, 2013).
A Florida federal court granted a reinsurer’s motion to dismiss...more
New Hampshire Ins. Co. v. Clearwater Ins. Co., No. 653547/2011, 2013 N.Y. Misc. LEXIS 5117 (N.Y. Sup. Ct. Oct. 31, 2013).
A New York State motion court granted part of a cedent’s motion for summary judgment in a case...more
Harbinger F&G, LLC v. OM Group (UK), No. 12-CV-5315 (AJP), 2013 U.S. Dist. LEXIS 132009 (S.D.N.Y. Aug. 22, 2013).
A parent corporation sold to a purchaser one of its subsidiaries, a Maryland domiciled life insurance...more
McAdam v. State Nat’l Ins. Co., No. 12cv1333-BTM, 2013 U.S. Dist. LEXIS 157202, 2013 WL 5936338 (S.D. Ca. Nov. 1, 2013).
A California federal court granted a motion to compel production of, among other things, reserve...more
Recent Case Summaries -
Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct -
Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich....more
In re. Rehab. Of: Segregated Account of Ambac Assur. Corp., No. 2011AP1486, 2013 Wisc. App. LEXIS 896, 2013 WL 5745987 (Wis. Ct. App. Oct. 24, 2013).
The Wisconsin Court of Appeals affirmed a circuit court’s order...more
I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI -
- Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more
Tokio Marine Europe Ins. Ltd v Novae Corporate Underwriting Ltd  EWHC 3362 (Comm).
The High Court of England and Wales (Commercial Division) recently issued an opinion explaining the application of a...more
In its recent decision in Capitol Specialty Ins. Corp. v. IKO, Inc., 2013 U.S. Dist. LEXIS 167933 (E.D. Ky. Nov. 26, 2013), the United States District Court for the Eastern District of Kentucky had occasion to consider...more
In the last two months, courts in California have issued several decisions concerning the scope of an insurer’s duty to defend its insured in underlying litigation. These decisions address important matters involving the...more
In Equitas v. Walsham Bros, the Commercial Court ruled on a number of key legal issues concerning the duties owed by Lloyd's brokers to remit funds promptly to clients and to reinsurers.
There has been a long debate as to whether the proper approach to determining liability in ‘negligent valuation’ cases is to focus on whether the valuer was negligent in (a) the way in which they went about their task (that...more
The Supreme Court will review two of the numerous lawsuits challenging the Affordable Care Act’s (ACA) requirement that group health plans and insurers cover, without cost-sharing, contraceptives and/or abortifacients (the...more
In Illinois Ins. Guaranty Fund v. Liberty Mutual Ins. Co., 2013 IL App (1st) 123345 (Nov. 12, 2013) the Illinois First District appellate court held that a borrowing employer’s workers’ compensation carrier is not required to...more
In a subrogation action where multiple defendants have caused the plaintiffs’ loss, courts will generally allocate a percentage of liability to each defendant. Even so, a plaintiff can collect 100 percent of its judgment from...more
In Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd (In Liq); in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in Liq)  FCA 883, the Federal Court of Australia granted leave to join the...more
Policyholders, Stand Your Ground -
Insurers make a living by limiting their liability and costs, and understand all too well how to exploit the claims process to accomplish these ends. In this edition of the newsletter,...more
The U.S. District Court for the Central District of California recently upheld coverage under a commercial general liability policy for a hospital data breach that compromised the confidential medical records of nearly 20,000...more
On October 22, 2013, Financial Services Commission of Ontario (“FSCO”) announced that the Dispute Resolution Practice Code is being amended effective November 1, 2013 to eliminate the issuing of Consent Dismissal Orders in...more
Recently, the California Court of Appeal held that, under California law, an insurer is not obligated to defend a lawsuit that does not seek monetary damages....more
In a recent decision, the Court of Appeals of Texas for the Fourteenth District revisited the scope of the appraisal process in light of the prior holding in State Farm Lloyds v. Johnson, 290 S.W.3d 886 (Tex. 2009).
In a number of cases, the plaintiffs’ strategy in collective active litigation under the Fair Labor Standards Act may fall into a familiar pattern: file the case, do minimal discovery, move for conditional certification under...more
In San Miguel Community Association v. State Farm General Insurance Company (2013) 220 Cal.App.4th 798), a third party's failure to seek compensatory damages against an insured rendered their dispute exempt from the insured’s...more