7th Circuit Addresses the Nature and Purpose of the Pollution Exclusion by Traub Lieberman Straus & Shrewsberry LLP on 3/14/2012 Scottsdale Indem. Co. v. Village of Crestwood, 2012 U.S. App. LEXIS 5069 (7th Cir. Mar. 12, 2012), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider the nature and...more
Lack of Control by Insured Over Related Companies Results in Denial of Coverage by Cole Schotz on 3/5/2012 In Newport Associates, Phase 1 Developers Limited Partnership v. Travelers Casualty and Surety Company, No. HUD-L-3070-09 ( New Jersey L. Div. January 24, 2012), plaintiff developers brought a declaratory judgment action...more
New York Court Addresses Impact of Allowing Insured to Default by Traub Lieberman Straus & Shrewsberry LLP on 2/3/2012 In its recent decision in Sunnyside Dev. Co., LLC v. Chartis Specialty Ins. Co., 2012 U.S. Dist. LEXIS 9392 (S.D.N.Y. Jan. 26, 2012), the United States District Court for the Southern District of New York demonstrated the...more
Representing Yourself in an Oregon Injury Claim by Sean DuBois on 1/27/2012 If you’ve been involved in an Oregon car accident, and you’ve been injured, you may be wondering how to file a personal injury claim yourself to avoid paying legal fees. But you don’t need a lawyer in every case. For...more
Brooks Cutter and Eric Ratinoff Teach "Discovering the Client's Story" at Gerry Spence Trial Lawyers College Regional Seminar by Eric Ratinoff on 1/25/2012 Partners at Sacramento Personal Injury and Class Action law firm, Kershaw, Cutter & Ratinoff, Brooks Cutter and Eric Ratinoff will share trial techniques with students at the Gerry Spence Trial Lawyers College California...more
Food Insurance And Risk Management Newsletter - December 2011 by Lowenstein Sandler PC on 12/19/2011 In This Issue: - THE SPREADING WEB OF FOOD RECALL LIABILITY Suits against Jensen Farms arising from its sale of listeria-tainted cantaloupes are expected to seek more than $100,000,000. These damages are estimated...more
Fifth Circuit Restricts Cy Pres Doctrine in Class Action Settlements by Mark Johnson on 11/8/2011 The Fifth Circuit recently issued a significant decision restricting the use of the doctrine of cy pres in class action settlements, as well as affirming the importance of a well-drafted settlement document....more
Can Nurses Provide Medical Causation Opinions? by Christian Staples on 10/18/2011 A review of some of the court cases addressing the admissibility of nurses' medical causation opinions and an analysis of the underlying rationales that dictated the cases' outcomes....more
AES Corp v. Steadfast by McKenna Long & Aldridge LLP on 9/16/2011 In a major victory for insurers, the Virginia Supreme Court held that insurance companies do not have to defend utility companies accused of intentional wrongdoing in connection with climate change liability lawsuits. In AES...more
WEEKLY LAW RESUME™ - Coverage: Pollution Exclusion - Asbestos by Low, Ball & Lynch on 8/29/2011 Villa Los Alamos Homeowners Association v. State Farm General Insurance Company Court of Appeal, First District (August 25, 2011) In MacKinnon v. Truck Insurance Exchange (WLR September 4, 2003), the California Supreme...more
Defendants Win "Round One" of Climate Change Fight in United States Supreme Court by Richard Faulk on 7/9/2011 In American Electric Power Co. v. Connecticut (“AEP”), the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases...more
Vangnet na een kernramp (Beursbengel juni 2011) by Patrick van der Vorst on 6/1/2011 In Dutch. De productie en het gebruik van kernenergie voor vreedzame doeleinden brengen, ondanks de strenge veiligheidseisen, gevaren met zich, bestaande in exceptionele risico's voor mens, dier en milieu. Op zichzelf genomen...more
Social Networking Site Warning Letter to Personal Injury Client by Karen Koehler on 5/19/2011 Social Networking by clients has become a ripe hunting ground for defense lawyers and others. Use this form with all new and existing clients....more
No Coverage for Defense Costs Incurred in Response to CERCLA Demand by Sedgwick LLP on 4/26/2011 U.S. Court of Appeals for the Fourth Circuit In Industrial Enterprises, Inc. v. Penn America Ins. Co., ___ F.3d ___, 2011 WL 925451 (4th Cir. (Md.) March 18, 2011), the U.S. Court of Appeals for the Fourth Circuit ruled...more
New York Law on Extending the Statute of Limitations for Latent Injury Claims by Melito & Adolfsen on 2/9/2011 The New York Court of Appeals, New York's highest court, recently provided important guidance on the question of whether an injury that occurred "mere hours" after exposure to a product can be deemed "latent" and thereby give...more