Personal Injury › Commercial Law & Contracts › Business Torts

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

There is an increasing trend in the UK towards accepting a blanket notification of claims, or circumstances that might give rise to a claim, as valid notification under an insurance policy. Australian companies should...more

Claims For Legal Malpractice Aren't Assignable In North Carolina

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker...more

The Illinois Supreme Court 2012: The Year in Review

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

Asset Searches and the Collection of Debt

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...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

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to...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

Business Law Newsletter - January 2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

Raising Expert Testimony Standards

We previously reported on Sargon Enterprises v. Univ. of Southern California (November 26, 2012) in which the California Supreme Court made clear that expert testimony regarding lost profits may not succeed if it is too...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

Valuing A Litigation Claim

Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more

Eleventh Circuit Holds Monetary Damages Caused by Identity Theft Present a Cognizable Injury

Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more

Ninth Circuit Holds No Duty to Defend Anxiety Claim

In its recent decision in Conley v. First Nat'l Ins. Co. of America, 2012 U.S. App. LEXIS 20281 (9th Cir. Sept. 27, 2012), the United States Court of Appeals for the Ninth Circuit had occasion to consider whether under...more

Weekly Law Resume - July 12, 2012: Insurance Bad Faith – Refusal to Make Settlement Offer

Yan Fang Du, et al. v. Allstate Insurance Company, et al. United States Court of Appeals, Ninth Circuit (June 11, 2012) California courts are unclear on whether an insurer may be liable for bad faith unreasonable...more

Insurers Can’t Wait Around for Settlement Offer If Liability Is Clear (the Ninth Circuit Addresses Bad Faith, part 1)

When the liability of its insured is clear, must an insurer proactively attempt to settle a claim within policy limits in order to avoid bad faith liability? Or is it sufficient to wait until a reasonable settlement offer is...more

New York Court Holds Negligent Supervision Claim Triggers Defense

In its recent decision in Am. Auto. Ins. Co. v. Sec. Income Planners & Co., 2012 U.S. Dist. LEXIS 39444 (E.D.N.Y. Mar. 22, 2012), the United States District Court for the Eastern District of New York had occasion to consider...more

Hybrid Fee Agreements Work for Business Litigation Cases!

A combination of hourly and contingency fee contract may be the way to take your case the extra miles it needs for a great result in a business case. This is a Southern California version of my earlier article published in...more

Cherchez les Catalogues Raisonné

The success of the art market depends largely on confidence in the authenticity of artists’ works. Traditionally, a work in an artist’s “catalogue raisonné” has been key to confirming the authenticity, and thus value. To that...more

Media Law Bulletin - December 2011 - 'Cheese'-y Comedy Product Not an Advertising Idea

The case of The Oglio Entertainment Group, Inc. v. Hartford Casualty Ins. Co., 200 Cal. App. 4th 573 (2011), analyzes the distinction between copying an advertising idea and copying a product that is advertised in the context...more

Illustration Disclosures Lead to Dismissal of Universal Life Insurance Class Action

On October 13, 2011, the U.S. Court of Appeals for the Tenth Circuit upheld an Oklahoma District Court’s dismissal on summary judgment of a putative class action on behalf of all purchasers of universal life insurance...more

Washington Court of Appeals Breaks New Ground in Insurers’ Duties When Handling Third-Party Liability Claims Before the Insured is...

SYNOPSIS On July 5, the Washington Court of Appeals issued its decision in Tarutis v. Farmers Insurance, concerning an insurer’s duty to accurately adjust claims and settle within policy limits. The Court held that the...more

"Hybrid" Fee Agreements for Business Litigation

"Increased milaeage" agreement allows the attorney and client to go those extra miles to obtain a great result. More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 9 , 2011

Table of Contents • McNamee v. Clemens McNamee v. Clemens, USDC E.D. New York, February 4, 2011 • In defamation action against former baseball player Roger Clemens filed by his former personal trainer, court...more

January '11 Newsletter, Including List of 10 Most Dangerous Children's Toys & Why It's So Tough to Pierce the Corporate Veil

If you're looking for good, free information in the areas of breach of contract, school accidents or defective products, you will want to read this Newsletter. The articles in this month's edition of the Newsletter include...more

Illinois Rules of Evidence

2011 Illinois Rules of Evidence contrasted with the 2010 Federal Rules of Evidence

A color-coded guide containing the new Illinois Rules of Evidence, the Committee's General and Specific comments, A comparison with the Federal Rules of Evidence and additional commentary....more