Civil Remedies Consumer Protection Insurance

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

U.S. Bank Wins Coverage Under Delaware Law For $55 Million Overdraft-Related Settlement

Three class actions were filed against U.S. Bank in 2009 with identical allegations. The plaintiffs claimed that instead of applying transactions in chronological order, the bank posted transactions from the highest amount to...more

TCPA Connect - May 2014

New TCPA Class Action Doesn’t Want to Make Friends - Ride-sharing company Lyft is facing a putative class action suit for allegedly violating the TCPA by encouraging users to invite their friends to join the service....more

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

Not Just Yet: Class Action Plaintiff Cannot Access Defendant’s Insurance Coverage

On July 10, 2013, the Eastern District of Missouri Federal District Court refused to allow a class action plaintiff to directly access the defendant’s insurance coverage for plaintiff’s Telephone Consumer Protection Act...more

Liquidated Damages For Junk Faxes Are Insurable in Illinois

The Federal Telephone Consumer Protection Act provides that it's unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual...more

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more

Illinois Supreme Court Holds TCPA Damages Not Punitive

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal...more

Class Action Fairness Act: Amount in Controversy after Standard Fire Ins. v. Knowles (U.S. 2013).

In this installment of the Hoosier Litigation Blog by Pavlack Law, LLC, we discuss the Class Action Fairness Act's amount in controversy requirement in light of the United States Supreme Court decision in Standard Fire Ins....more

Christie Administration Announces Mediation Program for Sandy-Related Insurance Claims

Christie Administration Announces Mediation Program for Sandy-Related Insurance Claims by John M. Scagnelli on March 4, 2013 The Christie Administration recently announced a new mediation program aimed to expedite the...more

Are Federal Junk Fax Damages Insurable in Illinois?

In the final days of its September term, the Illinois Supreme Court allowed a petition for review in Standard Mutual Insurance Co. v. Lay. In Lay, the Court will decide whether the Federal statutory penalty for sending junk...more

Fifth Circuit Restricts Cy Pres Doctrine in Class Action Settlements

The Fifth Circuit recently issued a significant decision restricting the use of the doctrine of cy pres in class action settlements, as well as affirming the importance of a well-drafted settlement document....more

The Time is Right for California Policy Holders to Fully Benefit from Underinsured Motorist Coverage

The combination of the poor economy and the dated minimum California statutory limits makes the time right to readjust the intent of the uninsured/underinsured motorist law. The stated effect of the law, to guarantee to an...more

Varderesyan v. Dependable Highway Express

Opposition to Motion to Reduce Verdict re Past Medicals

This Opposition to defendant's motion to reduce verdict re past medical bills was successful in light of recent opinions designed to reduce verdicts for plaintiffs who received past medical awards from their jury. This issue...more

Vardersesyan v. Dependable Highway Express

Motion In Limine Re Medical Bill Reduction as Collateral Source

This is the per-trial Motion in Limine to prevent the defendant from introducing a proposed "reduction" of a large hospital bill on the grounds that such evidence violates the collateral source rule. The Court granted the...more

New Restitution Remedy Proposed for Insurers and Licensees in California

On March 1, 2011, California State Senator Noreen Evans introduced Senate Bill 361 as spot bill legislation. The legislation was at the request of California Insurance Commissioner Dave Jones who seeks to enable consumers to...more

Seventh Circuit Issues Significant Decision On Consumer Injunctive Relief Class

In Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830 (Feb, 14, 2011), the Seventh Circuit authoritatively rejected the use of injunctive relief on a class basis for consumer claims....more

Decision Stands: Proposition 103 Approved Insurance Rates Cannot be Attacked in a Civil Action

California Supreme Court Rejects Requests to Depublish MacKay On October 6, 2010, Division Three of the Second Appellate District issued a landmark decision in MacKay v. Superior Court, 188 Cal. App. 4th 1427 (2010),...more

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum,...

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum, and Other Documents" Party A sues Party B alleging wrongful termination, pay...more

Court Offers Guidance as to Requirements for Alleging Harm to Establish UCL Standing

The California Court of Appeal, in Nelson v. Pearson Ford Co., issued a lengthy 50-page opinion on July 15 addressing numerous issues, including violations of the Automobile Sales Finance Act (“ASFA”), the Unfair Competition...more

Insurance Coverage Demand for Garage Owner Policy

This is a demand for insurance coverage made on behalf of a small business. In this case, the insured suffered a massive loss when his hydraulic lift "exploded" in his auto repar garage. The insurer denied coverage for the...more

California Swimming Pool Accident Lawyer Discusses Drowning Prevention and Life Saving Actions

Swimming pool accident lawyers today need to be aware of the dangers clients face even when they feel fine after a near drowning. With the proper knowledge, and prompt medical attention, clients can prevent additional injury...more

California Insurance Lawyer’s Top Ten Tricks and Tactics Used By Insurance Companies in Settling Claims

As an experienced personal injury lawyer with millions of dollars in settlements from over thirty years of experience, there are a number of common tricks and tactics utilized by insurance companies in settling personal...more

Can a Dog Bite a Lawyer in California and Get Away with it? California Attorneys Want to Know.

In California, dog bite attorneys often handle the worst type of injuries imaginable to children where a dog has mauled a small child. Fortunately, an owner is strictly liable when their dog bites another. But what happens...more

Age Discrimination Complaints in California - Which Government Agency Should An Age Discrimination Attorney Choose?

For California age discrimination lawyers and those discriminated against because of their age, there is a wide choice of government agencies at which to file an age discrimination complaint. With the list of acronyms for...more

36 Results
|
View per page
Page: of 2

Follow Civil Remedies Updates on: