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Toxic Torts Civil Procedure Alternative Dispute Resolution (ADR)

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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

Federal Court Allows Sealing Of A Petition Seeking Confirmation Of Arbitral Award

by Carlton Fields on

On August 14, 2015, a federal district court in New York entered an order allowing a petition to confirm an arbitration award to be filed in redacted form with the arbitration award to be filed under seal. The case is pending...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

Court Affirms Arbitration Panel’s $14 Million Award In Favor Of Insured In Reinsurance Dispute Over Asbestos Claims

by Carlton Fields on

A federal district court has confirmed a $14 million arbitration award entered in favor of Amerisure against its reinsurer Everest. As we earlier reported, the court had previously denied the motion to seal briefing...more

Seventh Circuit Finds Attorney Fee Dispute Arbitrable

by Carlton Fields on

The Seventh Circuit recently held that a cost-sharing agreement (“CSA”) between Hennessy Industries Inc. (“Hennessy”) and National Union Fire Insurance Co. (“National Union”) required the parties to arbitrate a dispute over...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

Polsinelli Podcast - Business Litigation Survival Guide [Audio]

by Polsinelli on

If you own a business the reality is that one day you will likely face a lawsuit. That may mean a lawsuit you have to bring to enforce an agreement or protect your company, or one you have to defend against a disgruntled...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

Ecuador Granted Section 1782 Discovery Over Chevron’s Objection

In re Republic of Ecuador and Dr. Diego Garcia Carrion’s Application Under 28 U.S.C. Sec. 1782, 2:11-mc-00052 (GSA) (E.D. Cal. 2011), is an application the Ecuador among others to take the testimony in the U.S. of...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

Brand Protection in High Exposure Litigation: Winning in the Court of Public Opinion

by Scott O'Connell on

Consumer facing companies underatnd that brand protection is mission critical activity. A company's brand is its promise to consumers on issues such as health, safety, quality and integrity. Certain litigation can destroy...more

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