Personal Injury

Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 21, 2013

U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses

by Russell Hirschhorn, Myron Rumeld | Proskauer - ERISA Practice Center on 4/17/2013

Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses....more

Illinois Supreme Court Refuses to Invalidate Policy Deadline for Uninsured Motorist Claims

by Sedgwick LLP on 10/19/2012

Can an insurance policy be rendered unenforceable by Illinois public policy because of a conflict with another state's law? This morning, in an opinion by Justice Lloyd A. Karmeier for a 6-1 majority, the Illinois...more

BLG Monthly Update for September 2012

by Neil Guthrie on 9/19/2012

Welly-wanging, Elvis memorabilia, insider trading and the usual neat contracts cases -- all this and more in the BLG Monthly Update for 2012!...more

A Double Dose of Preemption

by Dechert LLP on 5/9/2012

In medical device cases, preemption will hunt you down. In Hinkel v. St. Jude Medical, S.C. Inc., 2012 U.S. Dist. LEXIS 56322 (E.D. La. April 23, 2012), the plaintiff survived removal and discovery only to be caught by...more

Product Liability Update -- April 2012

by Foley Hoag LLP on 4/19/2012

In This Issue: *United States Supreme Court Holds Federal Locomotive Inspection Act Preempts Entire Field of Regulating Locomotive Equipment, Including State Law Claims Alleging Defective Design or Failure to Warn Based...more

US Supreme Court Rejects State Public Policy Grounds for Refusing to Enforce Arbitration Agreements Under the FAA

by Littler on 3/7/2012

In Marmet Health Care Center, Inc. v. Brown, the Supreme Court of the United States (SCOTUS) overruled the West Virginia Supreme Court’s refusal to enforce a predispute arbitration agreement governed by the Federal...more

Legal Alert: U.S. Supreme Court Decision on FAA Preemption Overrules West Virginia High Court

by FordHarrison on 2/22/2012

On February 21, 2012, the U.S. Supreme Court, in a Per Curiam opinion, reinforced the preemption of the Federal Arbitration Act (FAA) with respect to all arbitration agreements governed by the statute. See Marmet Health...more

Pennsylvania District Court Denies Motion to Dismiss and for a More Definite Statement

by Katten Muchin Rosenman LLP on 12/22/2011

Plaintiff Kimberton Healthcare Consulting, Inc. d/b/a DialysisPPO (DPPO), a provider of benefits consulting services, brought an action alleging breach of contract, violation of the Pennsylvania Uniform Trade Secrets Act...more

Appellate Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 5/9/2011

Since Chief Justice John Roberts’ appointment in 2005, three more new justices have joined the United States Supreme Court—Justice Samuel Alito in 2006, Justice Sonia Sotomayor in 2009, and Justice Elena Kagan last year....more