Three Point Shot - May 2012 by Proskauer Rose LLP on 5/23/2012 In This Issue: - Selling the Shirt off Tim Tebow’s Back Requires a License...1 - I See Your True Colors Shining Through ...2 - Pretty Boy’s Right of Publicity Lawsuit Ain’t Pretty, Says World Wrestling...more
Attorney Fees Properly Awarded Where the Applicable Contract Authorizes An Award "In Any Dispute" by Barger & Wolen on 5/23/2012 In Toro Enterprises Inc. v. Pavement Recycling Systems Inc., 2012 Cal. App. LEXIS 519 (Cal. App. 2d Dist. Apr. 9, 2012) the California Court of Appeal for the Second Appellate District reversed the trial court and granted...more
Washington Appellate Court Limits Liability for Personal Injury Claims Brought by Contractor’s Employee Against Landowners by Sedgwick LLP on 5/16/2012 The Washington State Court of Appeals affirmed a summary judgment dismissal of a lawsuit filed by a landowner’s contractor’s employee for personal injuries that the plaintiff allegedly sustained while working on a...more
Overlapping Auto Coverage In The New Age by Field Law on 5/14/2012 The Alberta government, in its wisdom (or lack thereof) has recently changed the rules for situations of overlapping auto coverage. In this paper, I will summarize the changes with a particular focus on non-owned auto...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
Paying insurance on a vehicle though you no longer have a valid driver’s license. by Howard Ankin on 5/7/2012 Imagine that your elderly parent is still keeping her prized mint condition 1973 Buick Riviera in the garage. Unbeknownst to you she has also continued to pay the insurance on the vehicle though she no longer has a valid...more
Eleventh Circuit Determines That Some But Not All Claims Must Be Arbitrated by Cadwalader, Wickersham & Taft LLP on 5/4/2012 Jane Doe v. Princess Cruse Lines, Ltd., Jane Doe v. Princess Cruse Lines, Ltd., No. 10-10809 (11th Cir. 2011), addresses the important necessity of careful corporate drafting of international arbitration provisions, a topic...more
Risk of Landlord Liability Rises in Pit Bull Attack Cases by Ballard Spahr LLP on 5/4/2012 Maryland landlords beware: the state’s highest court has made it much easier for victims of attacks by pit bulls or pit bull mixes to win judgments — not only against the dog’s owner, but also against any landlord that allows...more
Decision to Donate Organs Not to be Taken Lightly, but Sacramento Car Accident Lawyers Say it’s a Vital Part of Saving Lives by Demas Law Group on 5/4/2012 It’s a sad fact of life that thousands of people are killed in horrifying California car accidents every year. What’s more, tens of thousands are injured. At times, the people who have been killed in a road accident can go on...more
RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy by Traub Lieberman Straus & Shrewsberry LLP on 5/1/2012 In its recent decision in Derderian v. Essex Insurance Company, 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a general liability policy, an insured was...more
Oregon Court Holds General Contractor Not Performing Professional Services by Traub Lieberman Straus & Shrewsberry LLP on 4/27/2012 In its recent decision in State Farm and Casualty Co. v. Lorrick Pacific, LLC, 2012 U.S. Dist. LEXIS 57922 (D. Ore. Apr. 24, 2012), the United States District Court for the District of Oregon had occasion to consider whether...more
Still No Insurance Coverage for Climate Change Nuisance Litigaiton -- At Least in Virginia by Foley Hoag LLP - Environmental Law on 4/24/2012 Last week, the Virginia Supreme Court ruled (for the second time) that a CGL policy issued to AES Corporation did not require Steadfast Insurance to provide a defense to AES for claims brought again AES in Kivalina v. Exxon...more
Supreme Court of Virginia Reaffirms No Coverage for Global Warming Lawsuit by Traub Lieberman Straus & Shrewsberry LLP on 4/23/2012 In its recent decision in AES Corporation v. Steadfast Ins. Co., 2012 Va. LEXIS 81 (Va. Apr. 20, 2012), the Supreme Court of Virginia revisited its 2011 ruling concerning whether a general liability carrier had a duty to...more
Ending Duty to Defend: Exhaustion of Policy Limits by Settlement of Less Than All Suits by Duane Morris LLP on 4/23/2012 A liability insurer's duty to defend its insured against covered suits seeking damages is purely contractual. There is no common law duty to defend. Accordingly, courts will look to the language of the policy at issue to...more
Virginia Supreme Court Affirms Decision Finding No Insurance Coverage for Alleged Climate Change Liability by McKenna Long & Aldridge LLP on 4/23/2012 After a brief detour, the Supreme Court of Virginia once again has concluded that insurance companies do not have to defend utility companies accused of intentional wrongdoing in connection with alleged climate change...more