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What Defense Counsel Can Learn From The W.Va. Spill

For the companies and their lawyers, the headlines were awful and kept getting worse: 300,000 people suffering without drinking water; changes in corporate ownership just days before the chemical spill; and accusations that a...more

Slow Down, WA Court Taps the Brakes on Insurer’s Duty to Defend

On January 28, 2014, the Washington Court of Appeals held that an insurer had no duty to defend a motorist under either his homeowners or auto insurance policies when the unambiguous allegations made against the insured...more

Insurance Relationships Revisited

In a recent decision of the NSW Court of Appeal (the Court) in Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368, a firm of insurance brokers (Horsell) was ordered to indemnify an insured (Divetwo) in...more

Court of Appeals Holds No Recognized Cause of Action Exists Under Missouri Law Against Gun Shop Owners for Sale of a Non-Defective...

In an opinion issued July 16, 2013, the Western District of the Missouri Court of Appeals declined to extend what would have amounted to dram shop-type liability to a gun shop that sold ammuition and magazines to a purchaser...more

Sexual Misconduct “During” Law Enforcement Activities Does Not “Arise Out of” Law Enforcement Activities

In a recent case before the U.S. District Court for the Central District of Illinois, the court held that jail employees were not entitled to coverage for sexual molestation of an inmate under the law enforcement coverage...more

Religious Institutions Update: May 2013

Intellectual property is a legal construct referring to creations of the mind for which exclusive rights are recognized. Common types include copyrights, trademarks, patents, industrial design rights, trade dress and,...more

Orrick's Policy Observer - October 2012

The Observer highlights significant developments in insurance recovery and risk management. In This Issue: - State of California v. Continental Insurance: Opinion Holds Insurers to Their Words - Sixth...more

No Duty to Defend Wrongful Death Action Where Death Was Classified as a Homicide

In Galvani v. Tokio Marine and Nichido Fire Ins. Co., Ltd., 2012 WL 2568220 (N.D. Cal. July 2, 2012), the district court entered summary judgment for a homeowner’s insurer on the grounds that it had no duty to defend an...more

RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy

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

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

The New Wave of Cyber-Crime Facing Retailers

Retailers are under attack from a new wave of low-tech, hightech criminals. These second-generation cyber-criminals are not necessarily the genius-hacker-types popularized by Hollywood in tag lines such as “Log on. Hack in....more

How to suppress piracy with law

TWo untamed elephants are in the room: piracy and liability. Taming liability controls piracy. Here is how. Piracy unites to protect owners in investments; labour in lives; states in trade; and law in civil safety and...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

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

Weekly Law Resume - September 9, 2010: Premises Liability - Duty To Protect Customers Does Not Extend To Criminal Conduct...

California law imposes an affirmative duty on business owners to protect customers from foreseeable third-party criminal conduct. This obligation derives from the special relationship between a business owner and his or her...more

Justice for Nepali victim killed in Boston.

The article deals with the killing of Surendra Dangol in Boston, killed by a gunman, while working in a store (owned by a chain)....more

Plaintiff's interrgatorries for collections addressing a counterclaim

In this case, I represent someone who gets paid only for succesfully arguing the value of taxable property. The defendant failed to pay despite the written contract. After I sued them, they responded with a counterclaim...more

Alien Tort Statute Case Update: In Re South African Apartheid Litigation

A District Court judge for the Southern District of New York last week denied in part and granted in part a motion to dismiss in the seminal Alien Tort Statute (“ATS”) case, In Re South African Apartheid Litigation. The In Re...more

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