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Christina Ahn	Costs and Attorney Fees Awarded In the Same Action in Idaho In Employers Mutual Casualty Co. v. Donnelly, No. — P.3d —-, 2013 WL 1693661 (Idaho Apr. 19, 2013), a majority of the Idaho Supreme Court affirmed a declaratory judgment action decision that an insurer was required to pay costs…more Attorney's Fees, Declaratory Judgments, Duty to Defend, Indemnification, Insurers	See All Updates »
Arthur Aizley	Duty To Defend Limited to Theories Pled In Complaint In most states, including Michigan, the duty to defend is not limited to the four corners of the complaint and the insurer must look behind the allegations asserted against the insured to determine whether there is a potential…more Breach of Contract, Commercial General Liability Policies, Duty to Defend, Franchise Agreements, Insurers	See All Updates »
David Ajalat	Pendergrass: The 78 Year Reign has Ended After decades of criticism, the California Supreme Court recently overturned Bank of America etc. Assn. v. Pendergrass, 4 Cal.2d 258 (1935) (Pendergrass) which narrowed the fraud exception to the parol evidence rule. …more Bank of America v Pendergrass, Evidence, Fraud, Parol Evidence	See All Updates »
Alison A. Andre	Retail Industry Alert -- October 2012: Think You’re Complying With the Song-Beverly? If You’re Collecting Customer Information Using Point-of-Sale Software, Think Again California retailers have been issued another cautionary tale about the pitfalls of requesting personal information from customers at the point-of-sale (POS). The law at issue – the Song-Beverly Credit Card Act, California…more	See All Updates »
Alison Beanum	Personal Jurisdiction by Way of Agency: What Is Required? For jurisdictional purposes, when should a foreign parent company be “held for the acts” of a resident subsidiary acting on its behalf? On March 4, 2013, Los Angeles Superior Court Judge Lee S. Edmon analyzed this issue…more Foreign Corporations, Motions to Quash, Personal Jurisdiction, Subsidiaries	See All Updates »
Scott Bloom	Seventh Circuit Confirms Viability of Claims Made Defense in Errors and Omissions Policy Dispute The Seventh Circuit confirmed that the notice requirements of “claims-made” policies entitle insurers to deny coverage where, before the policy’s inception, the insured knows of circumstances that “might reasonably be expected”…more Claim Denial Letters, Claims Made Policy, Condition Precedent, Insurance Companies	See All Updates »
Robert Bohner	HHS Expands HIPAA Privacy Compliance Requirements On January 25, 2013, the Department of Health and Human Services (HHS) published its final rule, which implements the regulatory changes imposed on business associates found in the Health Information Technology for Economic and…more Compliance, Final Rules, HHS, HIPAA, HITECH	See All Updates »
Marc Brainich	California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages In two recent opinions, the California Court of Appeal has clarified and expanded the scope of the California Supreme Court’s holding in Howell v. Hamilton Meats and Provisions, Inc., 52 Cal.4th 541 (2011), regarding the amount…more Damages, Health Insurance, Medical Expenses	See All Updates »
Jennifer Quinn Broda	Credit Crunch Digest -- May 2013 This issue of the Credit Crunch Digest focuses on recent developments in alleged Libor rate manipulation litigation; settlements in two mortgage-backed securities lawsuits; potential actions by state attorney generals regarding…more Attorney Generals, Bank of America, Barclays, Ben Bernanke, Class Action	See All Updates »
Carol Brophy	Generic Drug Law Update -- November 2012: An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is Really Just a Warning The number of consumer class action complaints brought against product manufacturers under state consumer protection and/or false advertising law statutes continues to rise. This increase can be traced in part to some…more	See All Updates »
James Brown	New FMLA Regulations Become Effective March 8, 2013 The Family and Medical Leave Act (FMLA) turned 20 this year. Many employers have finally come to terms with the major revisions to the FMLA regulations issued on November 17, 2008, which became effective on January 16, 2009…more DOL, FMLA, FMLA Certification Forms, GINA, Military Caregiver Leave	See All Updates »
Daniel Bryer	Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission In Seneca Ins. Co. v. Cimran Co., — N.Y.S.2d –, 2013 WL 1405231 (App. Div. 1st Dep’t 2013), the New York appeals court granted the insurer’s motion for summary judgment, declaring that it had no duty to defend and indemnify the…more Cancellation Rights, Commercial General Liability Policies, Designated Premises, Duty to Defend, Indemnification	See All Updates »
Bruce Celebrezze	California Fair Claims Settlement Practices Regulations Table of Contents: Introduction; PART ONE - Summary of Fair Claims Settlement Practices Regulations; Introduction; Claims Handling Duties; Acceptance or Rejection of Claims; Settlement Offers and Payment of Accepted…more Compliance, Disclosure Requirements, Insurers, Investigations, Nonadmitted Insurance	See All Updates »
Ryan Chapoteau	Credit Crunch Digest -- May 2013 This issue of the Credit Crunch Digest focuses on recent developments in alleged Libor rate manipulation litigation; settlements in two mortgage-backed securities lawsuits; potential actions by state attorney generals regarding…more Attorney Generals, Bank of America, Barclays, Ben Bernanke, Class Action	See All Updates »
Mark Chudleigh	An American Export: Contingency Fees Adopted in the U.K. It has taken nearly 20 years for the United Kingdom to move from a time when it was unlawful (or champertous) for a lawyer to share in the fruits of litigation, to the introduction of U.S.-style contingency fee arrangements…more Attorney's Fees, Contingency Fees, Insurers	See All Updates »
Harmon L. (Monty) Cooper	A Look at the Obama Administration’s Upcoming Hydraulic Fracturing Regulations This spring, the oil industry and environmental groups are expecting the Department of Interior’s Bureau of Land Management (BLM) to issue a revised rule that will regulate hydraulic fracturing (fracking) on federal and tribal…more Barack Obama, Bureau of Land Management, Disclosure Requirements, Fracking, Oil & Gas	See All Updates »
Charles Davant	Prevailing Party Fees are Not Recoverable in Cases Arising Under Admiralty Jurisdiction Insurers with marine risks in Florida should be wary of an evolving conflict among Florida’s lower appellate courts regarding the applicability of Florida’s Offer of Judgment Statute (ch. 768.79) to claims governed by admiralty…more Attorney's Fees, Insurers, Jurisdiction, Prevailing Party	See All Updates »
Kelly Savage Day	Generic Drug Law Update -- November 2012: Expanding Liability for Ineffective Product Recalls FDA-regulated companies may face civil liability if they fail to provide adequate notice of product recalls to their customers via information gathered in company customer databases. A group of California plaintiffs sued a…more	See All Updates »
David Dolendi	Second Circuit Finds that Insured’s Notice to Broker Is Not Notice to the Insurer and Precludes Coverage for Property Owner’s Damage Claim In Pfeffer v. Harleysville Group, Inc., No. 11-CV-4513, 2012 WL 5392933 (2d Cir. Nov. 6, 2012) (applying New York law), a panel of the U.S. Court of Appeals for the Second Circuit held that the insured’s notice of a property…more	See All Updates »
Jonathan J. Dunn	The Rumble in the Jungle -- Letters of Credit, Bonding and Default Insurance: Hedging Bets in a Roller-Coaster Market “The Rumble in the Jungle…” - The favored method of developing and delivering completed construction projects in the United States has long been the design-bid-build method. Under this “traditional” method generally, the…more	See All Updates »
Martin Eide	N.Y. Appellate Division Affirms Zoning Ordinance Banning Hydraulic Fracturing Sedgwick’s Hydraulic Fracturing Task Force has been watching the ongoing litigation involving hydraulic fracturing (fracking) bans in the towns of Dryden and Middlefield, N.Y. In February 2012 we reported on the Supreme Court…more Fracking, Fracking Bans, Local Ordinance	See All Updates »
Laura Evans	The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit…more Endangered Species Act, Permits, Unlawful Takes, Water Rights	See All Updates »
Matthew Ferguson	Credit Crunch Digest -- May 2013 This issue of the Credit Crunch Digest focuses on recent developments in alleged Libor rate manipulation litigation; settlements in two mortgage-backed securities lawsuits; potential actions by state attorney generals regarding…more Attorney Generals, Bank of America, Barclays, Ben Bernanke, Class Action	See All Updates »
Matthew Fischer	The HIPAA Omnibus Final Rule—Data Privacy and Security Implications for Business Associates and Covered Entities On January 17, 2013, the Office for Civil Rights (‘‘OCR’’) of the U.S. Department of Health and Human Services (‘‘HHS’’) published the HIPAA Omnibus Final Rule (‘‘Final Rule’’) which OCR has trumpeted as carrying ‘‘the most…more Business Associates, Covered Entities, Data Breach, Data Protection, HHS	See All Updates »
Chen Foley	Causation is Not Elementary, My Dear Sherlock Holmes famously said, “when you have eliminated the impossible, whatever remains, however improbable must be the truth.” This reasoning has been adopted by trial judges seeking to resolve questions of causation. In…more Burden of Proof, Causation, Evidence, Insurers	See All Updates »
Matthew Francois	CEQA Reform: Striking While the Iron Is hot With Gov. Jerry Brown characterizing reform of the California Environmental Quality Act (CEQA) as “the Lord’s work,” and newspapers around the state calling for an overhaul to the 40-plus year old law, members of the Legislature…more CEQA, Proposed Legislation	See All Updates »
Melissa Gardner	Blood, Money & the Duty to Defend In Peerless Indemnity Insurance Company v. Phillips, No. H-12-1145 (S.D. Tex. Apr. 17, 2013), the United States District Court for the Southern District of Texas granted in part and denied in part the insurer’s motion for…more Conversion, Defamation, Duty to Defend, Indemnification, Insurers	See All Updates »
Richard Geddes	State of Washington v. James River Insurance Company – What Impact on Bermuda Insurers? The short answer is – none. State of Washington, Dept. of Transportation v. James River Insurance Company, – P.3d –, 2013 WL 258877 (Wash. January 24, 2013), a January 2013 decision of the Washington State Supreme Court,…more Anti-Suit Injunctions, Arbitration, Arbitration Agreements, Contract Disputes, Insurance Contracts	See All Updates »
Carol Gerner	Like a Rolling Stone – You Don’t Always Get What You Want On June 4, 2013, the Second Circuit Court of Appeals ruled in favor of excess insurers and against former directors and officers (collectively, the “Directors”) when it concluded that the excess insurers did not have to “drop…more Indemnification, Insurers, Liability, Payment Plans, Third-Party	See All Updates »
Eryk Gettell	New York Court Rules that Professional Services Exclusion Bars Coverage for Underlying Actions Brought By FINRA and Private Investors In David Lerner Associates, Inc. v. Philadelphia Indemnity Insurance Company, 2013 WL 1277882 (E.D.N.Y. Mar. 29, 2013), the United States District Court for the Eastern District of New York affirmed the plain meaning of the…more FINRA, Investors, Professional Service Exclusion, Real Estate Investments	See All Updates »
Alan Glen	Changes in TPDES General Construction Permit Require Endangered Species Act Consideration On February 19, 2013, the Texas Commission on Environmental Quality (TCEQ) issued a revised Texas Pollution Discharge Elimination System (TPDES) Construction General Permit TXR150000 (Permit). This new Permit, effective March…more Construction Permits, Endangered Species Act, Environmental Site Assessment	See All Updates »
Frederic Grannis	Kiobel Decision Closes the Door to Claims Under Alien Tort Statute Based on Overseas Conduct The recent decision by the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum Co., 569 U.S. __ (April 17, 2013), appears to have closed the door to future actions under the Alien Tort Statute (ATS) based on conduct occurring…more Alien Tort Statute, Extraterritoriality Rules, Jurisdiction, Kiobel v. Royal Dutch Petroleum Co., SCOTUS	See All Updates »
Dirk Haarhoff	Fracking Decision in New York Delayed Once Again In late December 2012, we reported that the New York Department of Environmental Conservation (DEC) was in the process of preparing an environmental impact statement (EIS) regarding well permits for extracting oil and natural…more Environmental Impact Report, Fracking, Oil & Gas	See All Updates »
Earl L. Hagström	N.Y. Appellate Division Affirms Zoning Ordinance Banning Hydraulic Fracturing Sedgwick’s Hydraulic Fracturing Task Force has been watching the ongoing litigation involving hydraulic fracturing (fracking) bans in the towns of Dryden and Middlefield, N.Y. In February 2012 we reported on the Supreme Court…more Fracking, Fracking Bans, Local Ordinance	See All Updates »
Eliot Harris	Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s Failure to Conduct Daubert Hearing The Ninth Circuit Court of Appeals recently vacated a $10 million jury verdict and remanded Barabin v. AstenJohnson, Inc, et. al. back to Washington federal district court for a new trial after concluding that the district court…more Abuse of Discretion, Asbestos Litigation, Daubert Ruling, Evidence, Expert Witness	See All Updates »
Lisa M. Henderson	S.B. 112 – Proposed Property Insurance Reform Bill in Texas A Texas State Senator has introduced legislation that would require residential property insurance carriers to include on the declarations page a dollar amount and explanation for every deductible…more Deductibles, Property Insurance	See All Updates »
Chantal Hwang	Foreign Territory for U.S. Digital Media Providers: The Legal Terrain in Italy In this ever-growing world of global digital media, U.S. digital media providers are increasingly finding themselves subjected to the varying, and in some instances, evolving laws related to intellectual property protection in…more	See All Updates »
Kimberly Jackanich	California Appellate Courts Clarify and Limit Plaintiffs’ Recovery for Medical Expenses Throughout the years, plaintiffs’ attorneys in personal injury actions have tried to present the entire amount of medical expenses billed in efforts to increase the plaintiffs’ recovery. Despite the irrelevance of these bills…more Damage Caps, Failure to Mitigate, Future Medical Expenses, Howell Cap, Medical Expenses	See All Updates »
Kirk Jenkins	Does The Income Withholding for Support Act Require Strict Compliance? Our preview of newly petitions for leave to appeal allowed by the Illinois Supreme Court in the closing days of the just-ended May term continues with Schultz v. Performance Lighting, Inc., a decision from the Second District…more Child Support, Divorce, Notice Requirements, Wage Withholding	See All Updates »
Charles Kaplan	Social Media in the Workplace – Employers Must Now Comply With Strict NLRB Oversight Section 7 of the National Labor Relations Act (“NLRA” or the “Act”), 29 USC § 157, protects both union and non-union employees who form, join and assist labor unions, participate in collective bargaining, and engage in “other…more	See All Updates »
Diana Karnes	In New York, One Priest’s Multiple Acts of Sexual Abuse on a Minor Constitutes Multiple Occurrences Yesterday, New York State’s highest court, for the “first time,” ruled on the meaning of “occurrence” in the context of multiple incidents of sexual abuse of a minor by a priest that spanned several years and policy periods. In…more Catholic Church, Minors, Priests, Sexual Abuse	See All Updates »
Gail Kavanagh	Media Law Bulletin -- November 2012: On the Job: The High Cost of Some Unpaid Internships She’s studying journalism on her way to a career in fashion publishing. Knowing it is almost impossible to get a job in the industry without experience, she was thrilled to be selected for an internship at one of the country’s…more Internships, Unpaid Interns	See All Updates »
Andrea Kendrick	California Insurance Code Section 533.5(b) Does Not Preclude Insurers From Providing A Defense For All Criminal Actions In Mt. Hawley Ins. Co. v. Lopez, –Cal. Rptr. 3d–, 2013 WL 1818627 (Cal. App. 2 Dist. May 1, 2013), a California court of appeal held that California Insurance Code section 533.5(b) does not preclude insurers from providing a…more Criminal Prosecution, Duty to Defend	See All Updates »
Julie Kim	Second Circuit Holds That Insurers May Recover Overpayments of Benefits Under ERISA On March 13, the Second Circuit issued a significant opinion interpreting key provisions of the Employee Retirement Income Security Act (“ERISA”). In Thurber v. Aetna Life Ins. Co., Case No. 12-370-cv, 2013 WL 950704 (2d Cir…more Disability Benefits, ERISA, Insurers, Overpayment	See All Updates »
Michael Klein	Absent a Contract With the Provider, HMOs Are Not Liable for Unpaid Services On April 19, 2013, the Texas Supreme Court handed down its opinion in Christus Health Gulf Coast, et al. v. Aetna, Inc. et al. The court’s ruling put an end to the so-called “double pay” theory of liability by downstream medical…more Healthcare, HMOs, Liability, Overpayment	See All Updates »
Marilyn Klinger	California Fair Claims Settlement Practices Regulations Table of Contents: Introduction; PART ONE - Summary of Fair Claims Settlement Practices Regulations; Introduction; Claims Handling Duties; Acceptance or Rejection of Claims; Settlement Offers and Payment of Accepted…more Compliance, Disclosure Requirements, Insurers, Investigations, Nonadmitted Insurance	See All Updates »
Marc Koonin	New FMLA Regulations Become Effective March 8, 2013 The Family and Medical Leave Act (FMLA) turned 20 this year. Many employers have finally come to terms with the major revisions to the FMLA regulations issued on November 17, 2008, which became effective on January 16, 2009…more DOL, FMLA, FMLA Certification Forms, GINA, Military Caregiver Leave	See All Updates »
Gregory Lahr	N.Y. Appellate Division Affirms Zoning Ordinance Banning Hydraulic Fracturing Sedgwick’s Hydraulic Fracturing Task Force has been watching the ongoing litigation involving hydraulic fracturing (fracking) bans in the towns of Dryden and Middlefield, N.Y. In February 2012 we reported on the Supreme Court…more Fracking, Fracking Bans, Local Ordinance	See All Updates »
Joseph Larsen	Metaphysics of the Law—Monge v. Maya, News Reporting and Fair Use Emerson once said that, through the abstraction of ideals, choice may come without consequence. And so, in many instances, publication of a found photograph by news media will come without consequence. However, in the 2012…more Copyright, Fair Use, Monge v Maya, Photographs, The Copyright Act	See All Updates »
Jonathan Lee	Burning Questions: Furniture and Baby Supply Industries Hit With Prop. 65 Notices for Newly Banned Flame Retardant TDCPP What started as an effort to make upholstered products safer for consumers has apparently backfired on the furniture and baby supply industries. In the past four months since Proposition 65 (Prop. 65) action has been allowed on…more Baby Products, Chemicals, Flame Retardant, Furniture Industry, TDCPP	See All Updates »
Ekaterina Levy	Business Pursuits Exclusion of a Professional Liability Policy Found To Preclude Coverage for the Insured Law Firm and Its Attorney An Illinois appellate court held that a lawyers professional liability policy’s business pursuits exclusion barred coverage for an underlying civil conspiracy action against a law firm and one of its attorneys. American Zurich…more Business Pursuits, Civil Conspiracy, Exclusions, Fraud, Professional Liability Policy	See All Updates »
Aaron Mandel	First Circuit Permits Insurer to Retain Policy Premiums Despite Rescission Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy…more Damages, Fraud, Insurers, Premiums, Rescission	See All Updates »
Katherine Mast	The Privilege is in the Policy: Tripartite Attorney-Client Relationship Arises Where Insurer Retains Counsel Pursuant to Policy Terms—to Prosecute or Defend In Bank of America v. Superior Court, ___Cal.Rptr.3d ___, 2013 WL 151153 (Cal. Ct. App. Jan. 15, 2013) the California Court of Appeal for the Fourth Appellate District held that a tripartite attorney-client relationship arises,…more Attorney-Client Privilege, Bank of America, Fidelity National Title Insurance Company, Work Product Privilege	See All Updates »
Todd McCormick	SCOTUS: “First Sale” Doctrine Also Applies to Copyrighted Works Lawfully Manufactured Abroad In arguably the most important copyright case of the past decade, the Supreme Court of the United States, in a 6-3 decision, held that the “first sale” doctrine protects the right to import and sell gray market goods. Gray…more Copyright, Copyright Infringement, First Sale Doctrine, Manufacturers, The Copyright Act	See All Updates »
Kathryn Metz	Missouri Court Rejects Attempt to Plead Conversion into Coverage through Negligence Counts In Allen v. Cont’l W. Ins. Co., 2013 WL 1803476 (Mo. Ct. App. April 30, 2013), the Missouri Court of Appeals found that a Commercial General Liability (“CGL”) insurer had no duty to defend its insureds, a title loan company and…more Commercial General Liability Policies, Conversion, Insurers, Negligence	See All Updates »
Robert Meyers	Washington Supreme Court Presumes that First-Party Insurers May Not Assert Attorney-Client Privilege or Work Product Protection in Bad Faith Actions In Cedell v. Farmers Ins. Co. of Washington, No. 85366-5 (Wash. February 21, 2013), a 5-4 majority of the Washington Supreme Court established a new framework for evaluating attorney-client privilege and work-product issues in…more Attorney-Client Privilege, Bad Faith, Insurers, Uninsured and Under-Insured Motorists, Work Product Privilege	See All Updates »
Nick Miles	BMA Announces Principles Underpinning Use of New Powers The Bermuda Monetary Authority (the BMA) has published a new statement of practice (SoP). It sets out factors to which it will have regard and procedures to be followed in deciding whether and in what manner to exercise powers…more Bermuda Monetary Authority	See All Updates »
Smita Mokshagundam	There is No Coverage for Fighting in Alaska, Seriously Late last month, the Supreme Court of Alaska affirmed the lower court’s decision in favor of an insurance company that denied coverage to insured, Kent Bearden, for liability in a civil suit filed by the victim of his assault…more Disorderly Conduct, Insurers, Self-Defense	See All Updates »
Bradley A. Monk	I Wanna Go Fast! Expedited Actions Under the New Texas Rules of Civil Procedure Sometimes life is best explained by a Will Ferrell character. As an example, the eloquent Ricky Bobby says it best: “I wanna go fast!” Effective March 1, 2013, the Texas Supreme Court introduced changes to the Texas Rules of…more Discovery, Expedited Actions Process, Removal	See All Updates »
John Na	Failure to Provide Timely Notice Proves Costly For Insured A federal district court in Missouri granted insurer Philadelphia Indemnity Insurance Company’s Motion for Summary Judgment in a coverage dispute finding that the insured, Secure Energy, Inc., did not provide timely notice of a…more Failure to Notify, Insurers, Late-Notification Fines, Notice Requirements, Punitive Damages	See All Updates »
Christopher Norton	Upholding CAFA’S Intended Purpose In February 2005, Congress enacted the Class Action Fairness Act of 2005 (CAFA), with the primary intent of modifying and liberalizing the rules concerning federal diversity jurisdiction as they apply to class actions, enabling…more CAFA, Class Action, Class Certification, Damages, Diversity Jurisdiction	See All Updates »
Kelly Nugent	Insured’s Attempt to Negate Water Exclusion All Wet In Cardio Diagnostic Imaging, Inc. v. Farmers Insurance Exchange, Case No. B239145 (Dec. 18, 2012; certified for publication), the Second Division of the California Court of Appeal affirmed the lower court’s ruling that an…more Exclusionary Clauses, Flooding, Property Insurance	See All Updates »
Arameh Zargham O'Boyle	Medical Device Law Update - December 2012: FDA and Industry Form “Consortium” to Improve Device Approval Process In response to wide criticism of the Food and Drug Administration’s (FDA) current review process, leaders of industry, academia and government have joined forces to create the Medical Device Innovation Consortium (MDIC), an…more FDA, MDIC, Medical Devices	See All Updates »
Thomas R. Orofino	Credit Crunch Digest -- May 2013 This issue of the Credit Crunch Digest focuses on recent developments in alleged Libor rate manipulation litigation; settlements in two mortgage-backed securities lawsuits; potential actions by state attorney generals regarding…more Attorney Generals, Bank of America, Barclays, Ben Bernanke, Class Action	See All Updates »
Luke Panzar	Seventh Circuit Confirms Viability of Claims Made Defense in Errors and Omissions Policy Dispute The Seventh Circuit confirmed that the notice requirements of “claims-made” policies entitle insurers to deny coverage where, before the policy’s inception, the insured knows of circumstances that “might reasonably be expected”…more Claim Denial Letters, Claims Made Policy, Condition Precedent, Insurance Companies	See All Updates »
Sean Patterson	Toxic Tort and Environmental Law Update: January 2013 - Plaintiffs Bear the Burden of Establishing Causation by Competent Expert Testimony in C6 Exposure Claims Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and its…more Burden of Proof, Causation, Contamination, Evidence, Expert Testimony	See All Updates »
Daniel Pickett	New Jersey Passes Law Requiring Summary of Homeowners Policy On May 6, 2013, the New Jersey state legislature approved Assembly Bill A-3642, which now becomes Public Law 2013, c.53, requiring homeowners insurance policies delivered or renewed in New Jersey to contain a one-page summary of…more Homeowner's Insurance, New Legislation	See All Updates »
F. Paul Pittman	Consumer Data Privacy and Data Breach Claims Haven’t Had a Leg to Stand on, But Support May Be on the Way As the saying goes, “You never really know what you’ve got ’til it’s gone.” For class plaintiffs seeking redress for the unauthorized collection of their personal information (PI), it’s their claims that courts have allowed to…more Class Action, Data Breach, Data Collection, Data Protection, LinkedIn	See All Updates »
Alex Potts	Twin Towers: Two Events, Two Occurrences under English law In the recent case of Aioi Nissay Dowa Insurance Company Ltd v Heraldglen Ltd & Advent Capital (No 3) Ltd [2013] EWHC 154 (Comm), 8 February 2013, the English Commercial Court upheld an arbitration tribunal’s award that the 9/11…more Aggregation Rules, Commercial Insurance Policies, Occurrence, Reinsurance, Terrorist Acts	See All Updates »
Kayla Pragid	Product Liability Advisory - November 2012: Indirect Warnings May Be Sufficient as a Matter of Law In a unanimous decision released on June 21, 2012 the 11th Circuit Court of Appeals sanctioned the ability of trial courts to determine the adequacy of a warning label as a matter of law. See Farias v. Mr. Heater, Inc., 684…more	See All Updates »
Stevi Raab	The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue –…more Construction Defects, Construction Disputes, Occurrence	See All Updates »
Dennis Raglin	California’s New “Safer Consumer Products” Law – Prop. 65 on Steroids For companies struggling to understand or contend with Proposition 65 (Prop. 65) litigation, things are about to get even more complicated in California with the soon-to-be-finalized regulations implementing the “Safer Consumer…more Chemicals, Reporting Requirements, Safer Consumer Product Regulations, Toxic Exposure	See All Updates »
Matthew A. Reed	FDA’s Medical Device “Enhancement” Reporting Has Potential Product Liability Implications The U.S. Food and Drug Administration (FDA) recently issued a draft guidance document that could potentially require medical device manufacturers to report a wide variety of device improvements, ranging from routine updates to…more FDA, Manufacturers, Medical Devices, Reporting Requirements	See All Updates »
Rachel Reynolds	Following in Ohio’s Footsteps: The Expansion of Asbestos Transparency Legislation Asbestos personal injury trusts proliferated after many of the early primary asbestos product manufacturers reorganized under bankruptcy law. It is estimated that nearly 100 companies have declared bankruptcy in the face of…more Asbestos, Asbestos Litigation	See All Updates »
Paul Riehle	Price Advertisements Matter: Ninth Circuit Finds False Sale Prices Give Plaintiffs UCL Standing Following the California Supreme Court’s lead in Kwikset that “labels matter,” the Ninth Circuit Court of Appeals recently held that “price advertisements matter.” In Hinojos v. Kohl’s, the Ninth Circuit reversed the district…more Advertising, Class Action, Kohls, Misrepresentation, Purchase Price	See All Updates »
Sheryl Rosenberg	Trademark Your Brand! Kroma Knocks Out Khroma Beauty by Kourtney, Kim and Khloe If you are keeping up with the Kardashians, you know that Kim, Kourtney and Khloe Kardashian command not only a broad media presence but also an empire of clothing, perfume, shoes, diet and exercise, and cosmetics brands…more Injunctions, Kardashian, Kim Kardashian, Lanham Act, Likelihood of Confusion	See All Updates »
Caitlin Ross	Price Advertisements Matter: Ninth Circuit Finds False Sale Prices Give Plaintiffs UCL Standing Following the California Supreme Court’s lead in Kwikset that “labels matter,” the Ninth Circuit Court of Appeals recently held that “price advertisements matter.” In Hinojos v. Kohl’s, the Ninth Circuit reversed the district…more Advertising, Class Action, Kohls, Misrepresentation, Purchase Price	See All Updates »
Eric C. Scheiner	Credit Crunch Digest -- May 2013 This issue of the Credit Crunch Digest focuses on recent developments in alleged Libor rate manipulation litigation; settlements in two mortgage-backed securities lawsuits; potential actions by state attorney generals regarding…more Attorney Generals, Bank of America, Barclays, Ben Bernanke, Class Action	See All Updates »
John T. Seybert	Disability Policy’s Mental Illness Limitation Upheld by Ninth Circuit in Fibromyalgia Case In Maurer v. Reliance Standard Life Insurance Co., No. 11-16044, 2012 WL 6101903 (9th Cir. Dec. 10, 2012), the Ninth Circuit interpreted a policy provision favorably for insurers, holding that a policy’s mental nervous…more Disability, Disability Insurance, Fibromyalgia, Mental Illness, Reliance Standard Life Insurance	See All Updates »
Stephanie Sheridan	Price Advertisements Matter: Ninth Circuit Finds False Sale Prices Give Plaintiffs UCL Standing Following the California Supreme Court’s lead in Kwikset that “labels matter,” the Ninth Circuit Court of Appeals recently held that “price advertisements matter.” In Hinojos v. Kohl’s, the Ninth Circuit reversed the district…more Advertising, Class Action, Kohls, Misrepresentation, Purchase Price	See All Updates »
Benjamin Shiftan	Was That Really an “Accident”?: Northern District of California Reiterates What Constitutes an “Accident” Under a Commercial General Liability Policy In Alco Iron & Metal Co. v. American International Specialty Lines Insurance Co., No. 11-5181 CW, 2012 WL 5878391 (N.D. Cal. Nov. 21, 2012), the U.S. District Court for the Northern District of California granted summary…more Commercial Insurance Policies, Intentional Torts	See All Updates »
Anna Shimko	CEQA Reform: Striking While the Iron Is hot With Gov. Jerry Brown characterizing reform of the California Environmental Quality Act (CEQA) as “the Lord’s work,” and newspapers around the state calling for an overhaul to the 40-plus year old law, members of the Legislature…more CEQA, Proposed Legislation	See All Updates »
Sean Simpson	Tenth Circuit Applies Broad Interpretation Of “Interrelated Wrongful Acts” Under New York Law In Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, ___F.3d ___, 2013 WL 1943338 (10th Cir. (Kan.) May 13, 2013), the United States Court of Appeals for the Tenth Circuit broadly applied the definition of…more Arbitration, Board of Directors, Contract Interpretation, Corporate Officials, Errors and Omissions Policy	See All Updates »
Mari Spears	Product Liability Advisory - November 2012: BPA Linked to Adverse Reproduction Effects in Rhesus Monkeys A recent study published in the “Proceedings of the National Academy of Sciences” found that Bisphenol A (BPA) can adversely affect fetal development in rhesus monkeys. The study’s findings raise concerns regarding BPA exposure…more	See All Updates »
L. Kimberly Steele	Texas Court – Appraisal Award Insufficient to Defeat Insured’s Breach of Contract Claim A recent federal opinion from Judge Sam Lindsay of the Northern District of Texas, Dallas Division, found that an insurer’s payment of an appraisal award was insufficient to defeat the insured’s breach of contract claim, and…more Appraisal Awards, Appraisal Clauses, Bad Faith, Breach of Contract, Property Damage	See All Updates »
John Stephens	America Invents Act Makes Significant Changes to U.S. Patent Law March 16, 2013, marked the beginning of “first-inventor-to-file,” the backbone of the new U.S. patent system under the Leahy-Smith America Invents Act (AIA). The AIA is the most comprehensive review of American patent law since…more America Invents Act, First-to-Invent, Non-Disclosure Agreement, Patents, Prior User	See All Updates »
Sigrid Waggener	Center for Biological Diversity Files Lawsuit Against DOGGR, Alleges Agency Fails to Enforce its Own Regulations On January 24, 2013, the Center for Biological Diversity (CBD) filed suit in Alameda Superior Court in California, joining other environmental groups including Earthjustice and the Sierra Club in alleging that the California…more CEQA, DOGGR, Energy Policy, Fracking, Oil & Gas	See All Updates »
Brooke Wahlberg	Changes in TPDES General Construction Permit Require Endangered Species Act Consideration On February 19, 2013, the Texas Commission on Environmental Quality (TCEQ) issued a revised Texas Pollution Discharge Elimination System (TPDES) Construction General Permit TXR150000 (Permit). This new Permit, effective March…more Construction Permits, Endangered Species Act, Environmental Site Assessment	See All Updates »
Michael Walsh	The California Supreme Court Confirms The Power Of Local Governments To Regulate Medical Marijuana. Few issues have sparked so much debate in so many local governments then how to regulate the medical marijuana industry. Proponents have filed numerous challenges to various attempts by cities and counties, but now the legal, if…more Dispensaries, Local Ordinance, Medical Marijuana, Municipalities	See All Updates »
Heather Weeter	Product Liability Advisory - December 2012: 10th Circuit Reaffirms the Importance of Similarity in Testing Methodology for Withstanding a Daubert Challenge In a decision released on August 16, 2012, the 10th Circuit Court of Appeals overturned the trial court’s Daubert ruling on an expert who was allowed to testify about an alleged seat belt defect in a rollover crash. The 10th…more Car Accident, Daubert Ruling, Evidence, Expert Testimony, Manufacturing Defects	See All Updates »
Robert Weill	Labor/Employment Discrimination – Pregnancy. Conflict Certified: Whether the Florida Civil Rights Act, section 760.10, Florida Statutes, prohibits employment discrimination based on pregnancy…more Pregnancy Discrimination	See All Updates »
Nicholas Weiss	An “App” a Day Will NOT Keep the FDA Away: The Rise of Mobile Medical Applications The number of mobile applications (apps) available to consumers on their iPhones, Androids, and iPads is astonishing. As of January 2013, there were more than 775,000 different apps available to iPhone and iPad users. It comes…more FDA, Healthcare, Innovation, Medical Devices, Mobile Apps	See All Updates »
Mike Williams	Maryland’s Highest Court Clarifies Toxic Tort Standards and Reverses a Punitive Damage Award in Excess of $1 Billion The Maryland Court of Appeals clarified certain standards for toxic tort claims, reversed a judgment in excess of $1 billion in punitive damages, vacated approximately $640,000,000 in compensatory damages, and remanded several…more Contaminated Properties, Damages, Fraud, Groundwater, Punitive Damages	See All Updates »
Jeffrey Winn	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 Trade…more Bad Faith, Hurricane Sandy, Insurers, Proposed Legislation	See All Updates »
S. Vance Wittie	Changes on the Horizon in Texas Civil Procedure The Texas Supreme Court has adopted several rule changes that significantly affect civil litigation. New Rule 91a permits the filing of a motion to dismiss an action that lacks a basis in law or fact…more Attorney's Fees, Motion to Dismiss, Prevailing Party	See All Updates »

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