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Timing of judgment creditor's entitled fee petition key to enforcement

In Conservatorship of McQueen the California Supreme Court decided a unique issue concerning the interpretation of Code of Civil Procedure Section 685.040. Under that statute, a judgment creditor is entitled to the reasonable...more

Employers Fight Back Against Whistleblowers

In 2013, the federal government recovered $3.8 billion from settlements and judgments under the False Claims Act (FCA). Whistleblowers—also called “relators”—can recover up to 30 percent of whatever a defendant pays in a...more

Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to...

Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 12-4450 (3d Cir. Feb. 20., 2014) - Third Circuit petitions Supreme Court of Pennsylvania to decide whether an insured tortfeasor can assign his or her statutory bad faith...more

New Jersey Court Holds That A Mediator May Not Also Serve As An Arbitrator

The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator. ...more

NJ Supreme Court Holds That Settlements Through Mediation Must Be Put In Writing

The New Jersey Supreme Court has held that “if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes...more

Indiana Court of Appeals Examines Strict Liability in Byproduct of Steelmaking Process

This week's discussion focuses on the concept of strict liability for unreasonably dangerous activities as seen through the Indiana Court of Appeals case Fechtman v.s U.S. Steel Corp. that held the dumping of carbon monoxide...more

Indiana Supreme Court Applies Comparative Fault to Intentional Tort & Rejects Very Duty Doctrine

The second post of the day focuses on the Indiana Supreme Court's rejection of the very duty doctrine and application of the comparative fault act to criminal intentional torts in Santelli v. Rahmatullah....more

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

Seventh Circuit Permits Parol Evidence to Prove Fraud in the Inducement Despite Lack of Fraud in Integration Clause

In this week's post, we take a look at the recent Seventh Circuit case Judson Atkinson Candies, Inc. v. Kenray Associates, Inc. that held that parol evidence could be used to prove fraud in the inducement of a contract – a...more

If my picture has been attributed to someone else’s bad conduct incorrectly, do I have a defamation claim/case?

If your picture has appeared in a publication and you are concerned about the message being incorrect or defamatory; or if there is some other possible defamatory publication recently made about you, you will want to read...more

Indiana Supreme Court Upholds Punitive Damages Statute

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision...more

Employer Liability: Respondeat Superior Doctrine

This week we discuss the doctrine of respondeat superior and its application to extend liability to an employer for the actions of its employee that fall “within the scope of employment.”...more

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more

Presentation - Social Networking: An Ethical Issues Update.

The ethical issues surrounding the use of social media in the legal environment is constantly evolving, making it very important for attorneys to keep abreast of recent decisions, regulatory initiatives and legislative...more

Choosing the Right Asset Search Company

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

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

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

The Most Plaintiff-Friendly Jurisdiction in Virginia?

Among liability defense counsel and those in the liability insurance industry, the City of Richmond has a long standing, widely-held reputation as one of the most plaintiff-friendly jurisdiction in Virginia, with a higher...more

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

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

Stopping Competitors From Denigrating Your Product

"Cats prefer Whisker Nibblets to Gato Gourmet 4:1." "Only Marie’s sandwich cookies are made with real chocolate and cream." "Seatur’s Slick works 40 percent faster than other leading motor oils." "Shampoo with Lixertonic and...more

Ninth Circuit Holds That Interpleader Does Not Shield Insurer From Independent Tort Liability

The Ninth Circuit recently joined its sister circuits to find that the federal interpleader remedy does not limit an insurer's independent tort liability for damages directly and proximately caused by its conduct. Lee v. West...more

NJ High Court Rules ‘Willful’ OSHA Violation Doesn’t Overcome Worker’s Compensation Preemption

A willful violation of federal safety standards does not, on its own, overcome the worker’s compensation bar against civil suits, the New Jersey Supreme Court ruled in its June 26, 2012 decision in Van Dunk v. Reckson Assocs....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

Bad Faith Sentinel - June 2012

In This Issue: - Court of Appeals of Florida Grants Summary Judgment in Favor of Insurer on Bad Faith Failure To Settle Claim pages 1 - 2 - Illinois Court of Appeals Discusses Importance of Notice to the Insured...more

6 Reasons to Hire Personal Counsel

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

Eighth Circuit Addresses Personal Injury Offense of Malicious Prosecution

In its recent decision in Genesis Ins. Co. v. City of Council Bluffs, et al., 2012 U.S. App. LEXIS 9577 (8th Cir. May 11, 2012), the United States Court of Appeals for the Eighth Circuit, in a matter of first impression under...more

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