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Did you know? Recent changes in the law that may impact your construction projects in the Southeast.

Forum Selection Clause - The U.S. Supreme Court recently held that forum selection clauses should be upheld in most circumstances. Have you used a forum selection clause in your contracts which would maximize the...more

Ausschluss der Syndikusanwälte aus dem Versorgungswerk für Rechtsanwälte

Es kann durchaus als Paukenschlag bezeichnet werden, was das Bundessozialgericht (BSG) am 3. April 2014 (Az: B 5 RE 3/14 R; B 5 RE 9/14 R; B 5 RE 13/14 R) entschieden hat: Abhängig beschäftigte Rechtsanwälte (sog...more

4th Circuit Holds Insurer Not Equitably Estopped From Denying Coverage

In an unpublished opinion, the 4th Circuit Court of Appeals reversed a South Carolina District Court judge’s finding that an insurer was equitably estopped from denying coverage to a new owner of the insured business for a...more

Court of Appeals Issues Decision Regarding Vesting of School District Retiree Health Insurance Benefits

On December 12, 2013, the New York Court of Appeals issued a decision in Kolbe v. Tibbetts, in which the Court addressed whether the Newfane Central School District could unilaterally alter the health insurance benefits of...more

Must be a duck if it’s walking and quacking like one

The New South Wales (NSW) Court of Appeal recently considered the insurance and indemnity provisions of a labour hire contract. What caused the dispute was the fact that one set of insurance provisions was contained in the...more

Providing A “Full and Fair Review” Does Not Make An ERISA Plan

A federal district court in Kansas concluded that attaching a statement of ERISA rights, i.e., a two page document listing and explaining the rights and protections provided by ERISA to plan participants, to a life insurance...more

Cyber-insurance: Mitigating the dreaded Friday night phone call - In order to maximize coverage, companies need to make a claim...

Every in-house counsel dreads the telephone call on a Friday evening that starts with the words “I’m glad I found you.” That’s especially true if that telephone call informs the in-house counsel about the newly terminated IT...more

Given Proliferating Wage & Hour Claims, Specialized Insurance an Important Consideration for Employers

Given a dramatic increase in both the number of wage and hour lawsuits and the average cost to employers to resolve one — $4.5 million — a little prevention could be worth at least a pound of cure in this area, Kami Quinn and...more

With Tax Season Looming, Appellate Division Refuses to Find Duty to Defend Against IRS Action

In William B. Kessler Memorial Hosp., Inc. v. North River Ins. Co., 2013 WL 6036678 (N.J. Super. Nov. 15, 2013), the Superior Court of New Jersey, Appellate Division, rejected the notion that an insurer’s promise to “defend...more

California Court Holds Food Truck Constitutes Mobile Equipment

In American States Insurance Company v. Travelers Property Casualty Company of America, 2014 Cal. App. LEXIS 74 (January 27, 2014), California’s Second Appellate District had occasion to consider whether a food truck...more

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

Take It to the Limit – The High Court Reviews When ERISA Plan Limitation of Actions Period Begins

It is well-settled that parties can contract for the length of a limitation of actions period. It also is well-settled that parties may contract for a limitation of actions period to start before the time to commence an...more

Here's One Good Way to Anticipate Top Business & Legal Trends in 2014

If the past is prologue, what better way to consider the interests, needs, and concerns of business leaders and consumers in the new year than to look at what captured their attention in 2013? And so...more

Health Plan Class Action Lawsuit Filed in Northern California

Approximately 300 employers and other organizations, many of which are in Northern California, were named as co-defendants in an ERISA class action lawsuit filed on November 22, 2013, in the U.S. District Court for the...more

U.K. Autumn Statement 2013

The Chancellor of the Exchequer today delivered a 130-page Autumn Statement that contained a number of surprises, as well as expected updates on areas such as partnership taxation....more

Health Insurance Exchanges: Litigation to Follow and How to Avoid It Next Time

First you have the problem and then you have the litigation. This more-or-less iron rule of American life will be honored once again in the aftermath of the “roll out” of Obamacare. The design and operational failures...more

Louisiana Court Dismisses Excess Insurer’s Claim Against Primary Insurer

In its recent decision in RSUI Indem. Co. v. American States Ins. Co., 2013 U.S. Dist. LEXIS 161805 (E.D. La. Nov. 13, 2013), the United States District Court for the Eastern District of Louisiana had occasion to consider the...more

Lessons from a Recent Wage & Hour Ruling

Wage and hour lawsuits continue to rise and it is clear that they are here to stay. See, e.g., Andrew Ramonas, US Chamber Warns: Wage-and-Hour Litigation on the Rise, Corporate Counsel (October 23, 2013) (noting that...more

Liability Insurance and a Plan Review are warranties worth paying for

The warranty in the electronics business is gravy for the retailers who sell it. You’ll be surprised how many people pay $20 to get a warranty on a $100 Blu-Ray player. When Best Buy was going national, they advertised how...more

Allegations in Third-Party Complaint May Trigger Duty to Defend

Although a personal injury complaint filed by a subcontractor’s employee alleged direct negligence only against the additional insured contractor, the vicarious liability coverage afforded the additional insured was...more

“Savings Clause” Still Threatens ERISA Plan Limitations

In Kentucky Association of Health Plans v. Miller, 538 U.S. 329 (2003), the United States Supreme Court restructured the ERISA preemption analysis and reaffirmed the holding in Unum Life Ins. Co. v. Ward, 526 U.S. 358 (1999),...more

Employee's Retention of Separate Counsel in Radio Station Prank Death Suit Ruled Unnecessary -- Fee Claim Rejected

In Carter v. Entercom Sacramento LLC, the California Court of Appeal for the Third Appellate District decided a case involving a fee claim made by an employee. The fees were generated in litigation that arose from a fatal...more

The Words Matter: No Insurance Coverage for Wage and Hour Class Action

Despite finding that the syntax in its Employment Benefits Liability (EBL) endorsement was “not the best,” a California court of appeal held that Mid-Century Insurance Company did not owe a defense or indemnity to eight car...more

U.S. District Court Denies Motion to Dismiss Insurer’s Claims of Overpayment Resulting From Provider’s Waiver of Out-of-Pocket...

In Connecticut General Life Insurance Co. v. Roseland Ambulatory Ctr., LLC, No. 2:12-cv-05941, (D.N.J. Sept. 23, 2013), the United States District Court denied a healthcare provider’s motion to dismiss a claim of overpayments...more

Michigan Court Holds Notice of Potential Claim Insufficient

In its recent decision in Lemons v. Mikocem, LLC, 2013 U.S. Dist. LEXIS 133976 (E.D. Mich. Sept. 19, 2013), the United States District Court for the Eastern District of Michigan had occasion to consider the issue of whether...more

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