Civil Remedies Insurance Constitutional Law

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California Supreme Court Clarifies Constitutional Limits on Punitive Damages

In Brandt v. Superior Court, the California Supreme Court held that when a plaintiff proves that an insurance company withheld policy benefits in bad faith, attorneys' fees reasonably incurred to compel payment of the...more

Bad Faith Attorneys’ Fees Are Compensatory Damages in Determining Cap On Punitive Damages

On June 9, 2016, the California Supreme Court ruled in Nickerson v. Stonebridge Life Ins. Co., __ Cal.4th ___ (2016) that the attorneys’ fees awarded to a veteran who sued for benefits under a “hospital stay” policy should be...more

House of Representatives v. Burwell: Another Blow to Obamacare

Federal Judge Rosemary Collyer’s May 12, 2016 ruling in House of Representatives v. Burwell, found that the Obama administration (the “Administration”) has been improperly funding an Obamacare subsidy program. House of...more

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending February 12 & 19, 2016

REAL PROPERTY UPDATE - - Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more

States Take Aim At Health Insurance Providers Fee In New Litigation

Three states—Kansas, Louisiana and Texas—filed a complaint in federal court on October 22, 2015 challenging the constitutionality and legality of the Affordable Care Act’s health insurance providers fee. The health...more

Has Exposure To Punitive Damages Increased In Arizona?

Until recently, it was generally accepted that punitive damages awards are to track awards of compensatory damages on a 1:1 ratio. This ratio was convenient for defendants, as it provided some amount of certainty when...more

Finding the Earliest and Least Expensive Exit From Financial Services Class Actions

Effectively responding to class litigation doesn’t necessarily mean simply preparing an answer or perfunctory motion to dismiss, diving headlong into class discovery, investing in full-fledged combat on the merits of the...more

District of South Carolina: No Support For Award of Punitive Damages Where Insured Failed To Prove Recklessness by Insurer

Liberty Mut. Fire Ins. Co. v. JT Walker Indus., Inc., No. 2:08-02043-MBS, 2014 WL 6773517 (D.S.C. Dec. 2, 2014). The U.S. District Court for the District of South Carolina sets aside a jury’s verdict awarding punitive...more

Undoing MICRA

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 18, 2013

I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ - - Foreclosure: issue of fact concerning authenticity of “original” promissory note precluded summary judgment – AG Beaumont 1, LLC v LSREF2 Oreo, No. 2D12-5873 (Fla. 2d DCA...more

California Court Reins in Massive Punitive Award But Finds Fault With Insurer’s Claims Handling

The California Court of Appeal, in a 2-to-1 decision, has reaffirmed the constitutional limitations on the amount of punitive damages a jury may award against an insurer. In Nickerson v. Stonebridge Life Insurance Company,...more

Changes to the PIP Law: The Fallout Begins

Last year, we wrote about the effect the new personal injury protection (PIP) law would be likely to have on a number of key players: insurance companies, law enforcement, Florida citizens, lawyers, and certain health care...more

Florida Medicaid Liens After Wos

The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more

Religious Institutions Update: April 2013

Implementation of the Patient Protection and Affordable Care Act (PPACA) is in full swing. The law requires non-exempt religious organizations with fewer than 50 full-time employees to determine whether they are a large...more

Arizona Upholds $54 Million Reduction of Punitive Damages in Insurance Bad Faith Case

The Arizona Court of Appeals recently upheld a trial court's reduction of a $55 million punitive damages award to only $620,000 and further reduced the punitive damages to $155,000-a 1:1 ratio to compensatory damages....more

Broadening Application Of The Filed Rate Doctrine

Originally published in Competition Law360 on September 13, 2012. Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more

Ohio State and Federal Courts Reject Class Actions Alleging That Life Insurers Have an Affirmative Duty to Undertake Death Matches

Originally published in Life Insurance Law Committee Newsletter, Summer 2012. In three putative class actions brought by private plaintiffs seeking to require life insurers to undertake death matches, Ohio state and...more

Legal Byte: Inconsistent & Alternative Pleading to Trigger Insurance Coverage

Can a plaintiff plead inconsistent theories of relief/liability, such as negligence (which is unintentional) and fraud (which is intentional), for any reason, including for the purpose of triggering insurance coverage?...more

Some Proponents of Obamacare Have Been Selling Constitutional Snake Oil

In a letter to the editor of The Wall Street Journal (April 26, 2012, at A14), Charles E. Rounds, Jr. refutes the suggestion made by Prof. Alan S. Blinder of Princeton University in an April 20, 2012 op-ed in the same paper...more

Supreme Court Hears Oral Arguments on Health Care Reform: Will the Affordable Care Act Survive?

After three days of oral arguments last week, the fate of the Patient Protection and Affordable Care Act (ACA) now lies in the hands of the nine Supreme Court justices. What, if any, provisions of the sweeping health care...more

U.S. Supreme Court Hears Oral Arguments For Constitutional Challenge of Affordable Care Act – Day One

Just over two years after President Obama signed the Patient Protection and Affordable Care Act (PPACA), yesterday the United States Supreme Court heard its first of three consecutive days of oral arguments in Department of...more

Legal Alert: Supreme Court Sets Dates for Arguments on Health Care Law Challenges

The U.S. Supreme Court has announced the dates for oral argument in the lawsuits challenging the validity of the 2010 Patient Protection and Affordable Care Act (PPACA). The Court will hear five and one-half hours of oral...more

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Damage from permanent disability

At the next joint of a person who as suffered severe injures as a result af an accident it is compensation for non patrimonial damages suffered as a result of the event,which must also include the beat.Evidence of such damage...more

Eleventh Circuit Concludes Significant Litigation Involving Surplus Lines Carrier

On January 18, 2011, the Eleventh Circuit Court of Appeals in Essex Insurance Co. v. Zota brought an end to seven years of litigation and four appellate proceedings, when it affirmed a final declaratory judgment entered in...more

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