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Ten Steps To Help Insurers Preserve Their Right To Restitution Under Federal Victims’ Rights Statutes

The Crime Victims’ Rights Act and the Mandatory Victims’ Restitution Act provide a wide range of circumstances under which those convicted of federal economic crimes must pay court ordered restitution to their victims. Unlike...more

Liability Insurers Owe No Duty To Defend Insureds Alleged To Have Engaged In A Corrupt Scheme To Incarcerate Youth Offenders For...

In a pair of opinions filed on June 20 and 21, 2012, the Third Circuit Court of Appeals emphasized Pennsylvania’s “firmly established” public policy against providing insurance coverage for criminal and other intentional...more

Pennsylvania Court Considers Coverage for Gerry Sandusky Under D&O Policy

In its recent decision in Federal Ins. Co. v. Sandusky, 2012 U.S. Dist. LEXIS 76880 (M.D. Pa. June 4, 2012), the United States District Court for the Middle District of Pennsylvania had occasion to consider whether a D&O...more

Fifth Circuit: Driving in Violation of Criminal Plea Is Not an "Occurrence" Under Texas Law

In Wilkinson v. State Farm Lloyds, 2012 WL 89957 (5th Cir. (Tex.) Jan. 12, 2012), the U.S. Court of Appeals for the Fifth Circuit found that driving past the house of a sexual molestation victim in violation of a criminal...more

New Laws for 2012

As the clock strikes midnight on December 31st, more than 200 new laws will go into effect in Illinois including a database of first-degree murderers, stricter seat-belt enforcement and legislation that gives the public...more

Insurer Has Duty to Defend Sexual Abuse Claims Where Negligence of Partner Is Alleged

In State Auto Property and Cas. Ins. Co. v. Kincaid, 2011 WL 344086 (C.D. Ill. February 1, 2011), the U.S. District Court for the Central District of Illinois, applying Illinois law, found that a commercial general liability...more

Barrett v Watkins

Defendant's Motion for Summary Judgment

Note that I received prior permission from my client to post this document which is part of a public court file in Sullivan County New York. This is a motion I filed for summary judgment on behalf of my client, defendant...more

Ninth Circuit Overturns Attorney Fee Award Against the Government

Court finds that the government did not act frivolously in conducting a factual investigation In U.S.. v. Capener, 2010 DJDAR 392 (2010) the U.S. Court of Appeals for the Ninth Circuit, overturned a fee award, rendered...more

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