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Tenth Circuit Affirms Denial Of Motion To Compel Arbitration As To The Claims Of Non-Signatory Plaintiffs

by Carlton Fields on

A buyer of a manufactured home sued the manufacturer, seller and lender in connection with toxic mold that was found in the home’s water system. The underlying retail installment contract contained an arbitration agreement...more

Louisiana Federal Court Finds Removal Proper As Dispute Could Relate To An Underlying Arbitration Clause In Insurance Policy

by Carlton Fields on

In this case, a Louisiana federal court denied a motion for remand of a former machinist’s asbestos-related claim, finding that an English insurer’s removal from state court was appropriate and that the dispute could relate...more

Court Denies Reconsideration Of Order Staying Action To Compel Arbitration

by Carlton Fields on

A federal district court refused to reconsider its order staying Allstate’s action to compel arbitration against its insured, A.O. Smith. The case involved a Settlement/Coverage-in Place Agreement between A.O. Smith and...more

Insurer’s Action To Arbitrate Stayed In Lieu Of Earlier-Filed State Court Coverage Action

by Carlton Fields on

An Illinois federal court recently stayed an insurer’s petition to compel arbitration of a dispute with its policyholder, finding that abstention in favor of an earlier-filed suit involving the parties was appropriate under...more

Reinsurers’ Motion To Vacate Arbitration Award Held Time-Barred

by Carlton Fields on

A federal judge in New York has denied reinsurers’ motions for relief from a prior judgment. The reinsurers, Equitas Insurance Limited and Certain Underwriters at Lloyd’s of London, argued that they were entitled to judicial...more

Reinsurance Arbitration Award Confirmed, Reaching Result Contrary To Previous Award Against Different Reinsurer

by Carlton Fields on

On March 11, 2014, we reported on the First Circuit’s ruling in a contested arbitration between OneBeacon America Insurance Co. and certain of its reinsurers over reinsured asbestos claims. The reinsurers filed a declaratory...more

Reinsurance Redux - March 2013

by Saul Ewing LLP on

In This Issue: - New York Court of Appeals Reverses Decision Requiring Reinsurers to Follow the Fortunes on Asbestos Settlement Where There Were Questions of Fact With Respect to Reasonableness of Reinsured’s...more

THE QUEST FOR THE HOLY GRAIL OF SOCIAL JUSTICE: SUBSTANTIVE & PROCEDURAL LAW PROVISIONS FOR AMICUS CURIAE IN INVESTOR-STATE ICSID...

by Mary B. Ayad on

The Holy Grail of ICSID Arbitration is social justice. Amicus Curiae is the Grail Castle that holds the sacred chalice of ICSID’s salvation. This paper comments on both the procedural and substantive law of amicus...more

Rethinking Successor Liability under CERCLA

The PCB contamination in the Lower Fox River in Wisconsin continues to spawn novel Superfund decisions. The latest is US v. NCR, in which Judge Greisbach of the Eastern District of Wisconsin reversed his initial ruling, made...more

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