Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Allstate Ins. Co. v. OneBeacon Am. Ins. Co., No. 13-12368-NMG, 2013 U.S. Dist. LEXIS 146826 (D. Mass. Oct. 8, 2013).
A Massachusetts federal court denied a reinsurer’s motion to enjoin arbitration. The reinsurer sought...more
Trenwick Am. Reinsurance Corp. v. Unionamerica Ins. Co.. No. 3:13cv94 (JBA), 2013 U.S. Dist. LEXIS 97518 (D. Conn. Jul. 12, 2013).
A Connecticut federal court compelled arbitration against a reinsurer and denied the...more
Platinum Underwriters Bermuda Ltd. v. Excalibur Reinsurance Corp., No. 12-70, 2013 U.S. Dist. LEXIS 98671 (E.D. Pa. Jul. 15, 2013).
A Pennsylvania federal court has had a second chance to review an arbitration award...more
In Lagstein v. Certain Underwriters at Lloyd’s of London the Ninth Circuit held that Nevada law allows the prevailing party in arbitration proceedings to collect post-award, prejudgment interest....more
An insurer who refuses to participate in a mediation requested by a plaintiff in respect of a motor vehicle accident claim continues to risk increased exposure to costs. The Ontario Court of Appeal recently repeated that...more
AXA Versicherung AG v. New Hampshire Ins. Co., No. 12 Civ. 6009 (JSR), 2013 U.S. Dist. LEXIS 60802 (S.D.N.Y. Apr. 22, 3013).
A New York federal court had confirmed an arbitration award on consent of all parties and...more
In a new case that reminds federal judges everywhere to sing “I’ve got the power!” like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to “protect or...more
In Washington State Department of Transportation v. James River Insurance Company, Wash. No. 87644-4 (January 17, 2013), the Washington Supreme Court declared binding arbitration agreements in insurance contracts void and...more
Amerisure Mut. Ins. Co. v. Global Reinsurance Corp. of Am., No. 10 L 012665 (Ill. Cir. Ct. Nov. 7, 2012).
An Illinois state court dismissed a cedent’s complaint seeking attorney fees for a reinsurer’s alleged...more
A New York federal court granted a cedent’s petition under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to confirm multiple arbitration awards in its favor, denied cross-petition to vacate the...more
In Nemecek & Cole v. Horn, 2012 DJDAR 11353 (2012), the California Court of Appeal for the Second Appellate District decided an interesting fee case. The court approved the trial court’s ruling granting fees at approximately...more
QUESTION: My client is involved in a partnership dispute. The partnership agreement provides all disputes are to be resolved by binding arbitration. I may want to have a receiver appointed to operate the partnership property...more
In This Issue:
- Pennsylvania Court Grants Plaintiff’s Motion for Summary Judgment and Holds that Terms Not Defined in Reinsurance Certificates are Defined As Set Forth in the Underlying Insurance Policies
Originally published in Insurance Law360
In the recent decision Scandinavian Reinsurance Co. Ltd. v. St. Paul Fire & Marine Insurance Co., 668 F.3d 60 (2d Cir. 2012), the U.S. Court of Appeals for the Second Circuit...more
Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more
The typical commercial construction lawsuit can cost an architecture or engineering firm well
over $100,000 to resolve. It is not unheard of for some construction lawsuits to rise into the
multiple hundreds of...more
In a Barger & Wolen victory, the U.S. District Court in Manhattan has confirmed an arbitration panel’s interim order, which required a policyholder to post pre-hearing security in the amount sought by an insurer. On Time...more
This article is the seventh in a series summarizing construction law developments for 2010.
1. Forecast Homes, Inc. v. Steadfast Insurance Co., 181 Cal. App. 4th 1466 (4th Dist. Jan. 2010), rev. denied, 2010 Cal. LEXIS...more
In a decision issued March 25, 2011, The Housing Group v. PMA Capital Insurance Co., the California Court of Appeal held that an insurer who is not actually defending its insured cannot pursue its rights under California...more
This section of the civil code provides for arbitration of disputes under California’s so called Cumis doctrine. That statute sets forth the rules for selection of “independent counsel” when the carrier reserves its rights...more
Utah Code Annotated §31A-22-321 provides for arbitration as an alternative to litigation in certain cases involving third party bodily injury claims where the damages are $50,000.00 or less. Many attorneys have traditionally...more
Insurers and reinsurers take great care in selecting the forum for the resolution of disputes with their (re)insureds. The Bermuda Policy Form is a classic example of this, requiring disputes to be arbitrated in either London...more
Covered In This Issue
1 ARBITRATION . . .3
1 . 1 HIGH COURT CONSIDERS THE STANDARD OF PROOF REQUIRED IN AN APPLICATION TO APPOINT AN ARBITRATOR UNDER SECTION 18 ARBITRATION ACT 1996 . . .3
1 . 2 BY ENDORSING A COA AS...more
California Dog Bite, Personal Injury and Wrongful Death Attorney Sebastian Gibson tells the secrets of how to settle a dog bite claim for the maximum value settlement without a lawyer. Whether you have an auto, car,...more
Executive Risk Indemnity, Inc. (“Executive Risk”) issued a professional liability policy to Stars Holding Company, Inc. (“Stars”). In the policy, Executive Risk expressly disclaimed a duty to defend. Instead, Executive Risk...more