Commercial Law & Contracts, Civil Remedies, Business Torts

First Circuit Permits Insurer to Retain Policy Premiums Despite Rescission

by Aaron Mandel | Sedgwick LLP on 5/16/2013

Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy...more

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

by Jennifer Clark, Stacey Farrell, Angelo Savino | Cozen O'Connor on 5/15/2013

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

California Supreme Court Hears Argument on Whether Insurance Code Limits UCL Lawsuits Against Insurers

by Larry Golub, Samuel Sorich | Barger & Wolen on 5/13/2013

On May 8, 2013, the California Supreme Court convened to hear oral argument in Zhang v. Superior Court. The case presents the issue of whether conduct of an insurer, which is related to conduct that would violate California’s...more

Bad Faith Liability Exposure: an Anvil, a Feather or an Occasional Lever?

by Lynda A. Bennett | Lowenstein Sandler LLP on 5/8/2013

Any company faced with a coverage denial inevitably asks the question: Will the insurance company change its position if we sue them for bad faith? The short answer to the question is usually no. In general, insurance...more

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/26/2013

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

Franchising in Alberta -- April 2013: Fabutan: Renewal, Termination and the Duty of Good Faith

by Osler, Hoskin & Harcourt LLP on 4/11/2013

Fabutan: Renewal, Termination and the Duty of Good Faith - Background to the Dispute: Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do...more

Does The Alabama Trade Secrets Act Limit Remedies For Theft Of Information?

by Gillian Watson Egan | Burr & Forman on 4/10/2013

Alabama enacted the Alabama Trade Secrets Act (the “ATSA”) in 1987. However, since that time, there have been relatively few reported court decisions analyzing the impact of the ATSA on common law claims. A federal district...more

Supreme Court of Washington Holds that Insurers Are Not Entitled to Reimbursement of Non-Covered Defense Costs

by Eryk Gettell | Sedgwick LLP on 4/5/2013

In a 5-4 decision, the Washington Supreme Court held that an insurer may not recover defense costs incurred under a reservation of rights while the insurer’s duty to defend is undetermined. National Sur. Corp. v. Immunex...more

Bad Faith Sentinel - March 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 4/3/2013

In This Issue: - Southern District Of Ohio: Insurer Does Not Commit Bad Faith By Voiding Policy Due To Insured’s Failure To Promptly And Fully Cooperate With Insurer’s Fire Investigation - Pennsylvania Court...more

Doctrine of Successor Liability: 7th Circuit Expands Federal Standard to FLSA Claim Context

by Pavlack Law, LLC on 3/29/2013

This week we examine the doctrine of successor liability through the 7th Circuits decision to expand application of the federal standard to Fair Labor Standards Act (FLSA) cases through the Teed v. Thomas & Betts Power...more

No Bad Faith Recovery Unless Insured Demonstrates Acts Were A Producing Cause Of Damages

by April Zubizarreta | Cozen O'Connor on 3/21/2013

A jury found that Mid-Continent committed five separate violations of the Texas Insurance Code and awarded $2 million to the insured as compensation for the amount it paid to settle third-party claims. The trial court,...more

NJ’s Bad Faith Legislation Stemming From Superstorm Sandy Needs Emergency Relief

by Ryan Chapoteau, Jeffrey Winn | Sedgwick LLP on 3/20/2013

In the wake of Superstorm Sandy, the New Jersey Legislature is considering the passage of A370, which will enable policyholders to sue insurers for bad faith based on a single alleged violation of the New Jersey Insurance...more

Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk Of Sanctions”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/20/2013

In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more

FTC Order Against Fraudulent Payment Processor Joins Growing List of Regulatory Actions Involving Third Party Service Providers

by Brian J. Hurh | Davis Wright Tremaine LLP on 3/20/2013

Following on the heels of significant regulatory actions by the Consumer Financial Protection Bureau, Federal Reserve, and the FDIC against regulated companies and their third-party service providers, the Federal Trade...more

Investor Files Suit Against Nationstar Over Mortgage Auctions

by Orrick - Structured Finance Group on 3/13/2013

On March 7, KIRP, LLC sued Texas-based mortgage servicer Nationstar Mortgage LLC in the Supreme Court of the State of New York in connection with Nationstar’s alleged improper conduct in servicing mortgage loans that are...more

The Unintentional Business Partnership & Liability For New Post-Dissolution Obligations

by Pavlack Law, LLC on 3/1/2013

This week we examine the unintentional creation of business partnerships, liability for obligations incurred after dissolution of a partnership, and take a look at partnership by estoppel. This is done through the context of...more

Maryland's appellate courts preserve the corporate shield against efforts to pierce the corporate veil

by Thomas Valkenet on 2/22/2013

Maryland remains one of the toughest jurisdictions for plaintiffs seeking to pierce the corporate veil and impose personal liability on corporate owners for contract debts. Maryland has long recognized an equitable claim to...more

Breach of Contract in CA

by Doron Eghbali on 2/18/2013

Breach of contract is a rather nebulous term with multi-layered tentacles. In fact, what is a breach? When did the breach occur? Who breached the contract? What are the damages for the breach? Theses are only some of the...more

Lessons from Thomas v. UBS AG (7th Cir. 2013) -- Multistate Class Actions & Applicable Law in Federal Diversity

by Pavlack Law, LLC on 2/8/2013

This week's article looks at the disastrous result of the 7th Circuit class action case Thomas v. UBS AG and the lessons in multistate class action practice that can be learned from it....more

NJ Appeals Court Holds New Jersey Businesses May Be Liable for Off-Site Injuries

by Donald Pepe on 1/22/2013

NJ Appeals Court Holds New Jersey Businesses May Be Liable for Off-Site Injuries by Donald M. Pepe on January 22, 2013 The Appellate Division recently held that New Jersey businesses could be held liable for injuries...more

Appeal Victory -- Court of Appeal Agrees that Penal Code Section 496(c) Allows Recovery of Triple Damages and Attorney Fees for...

by Aaron Morris on 1/18/2013

The case involved a loan made by our client to the defendant, Igal Feibush. Feibush and his entities failed to repay the loan, and we were retained by the plaintiff to sue. Penal Code section 496(c) makes it illegal to...more

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Commercial Law & Contracts › Civil Remedies › Business Torts