Sedgwick LLP

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San Francisco, California 94104, United States

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City’s Handling of Application for Subdivision Approvals May Trigger Liability Under Fair Housing Act

The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The…more
| Civil Procedure, Civil Rights, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential

Texas Supreme Court Recognizes Exceptions to Enforcement of No-Damages-for-Delay Clauses

On August 29, 2014, in Zachry Construction Corp. v. Port of Houston Authority of Harris County, No. 12-0772, 2014 WL 4472616 (Tex. 2014), the Texas Supreme Court found that no-damages-for-delay clauses that purport to waive…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting

Frequent-Flyer Class Actions Likely To Be Less Frequent

Airlines offer frequent-flyer programs to reward loyal customers and attract new ones by awarding various perks based on the “miles” each member accumulates. In practice, however, frequent-flyer programs too often attract…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Consumer Protection, Transportation

District Court Dismisses Passenger’s Direct Action Against Airline’s Insurer

Earlier this month, a U.S. District Court in Pennsylvania dismissed a “direct action” personal injury claim against the liability insurer of U.S. Airways in Gonzalez-Marcano v. U.S. Airways, Inc., 2014 WL 4375666 (E.D. Pa. Sept…more
| Civil Procedure, Personal Injury, Insurance

Business Interruption Insurance: Clearing up the Confusion

In Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm), the English Commercial Court has confirmed the nature of an insurance broker’s duties to its clients when obtaining Business Interruption Insurance…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance

Recently Listed Chemicals Under Proposition 65

The following chemicals have recently been listed by the agency that oversees the enforcement of Proposition 65: the Office of Environmental Health Hazard Assessment (OEHHA)…more
| Environmental Law, Consumer Protection, Science, Computers, & Technology

60-Day Notices for Phthalate DINP Can Begin on December 12, 2014

As previously reported, Diisononyl phthalate (DINP) was added to the Proposition 65 list on December 12, 2013. This means under the Proposition 65 regulations that plaintiffs can begin serving companies with Proposition 65…more
| Civil Procedure, Environmental Law, Consumer Protection

Texas Supreme Court Upholds Class Representative's Authority to Dispose of Unclaimed Settlement Proceeds

A sharply divided Texas Supreme Court recently held that unclaimed class action settlement funds may be disposed of in the manner selected by the parties and are not subject to the state’s Unclaimed Property Act. In Highland…more
| Civil Procedure, Civil Remedies

Bill Introduced in Congress to Ban Bisphenol A (BPA)

The chemical bisphenol A (BPA) remains hotly debated. This summer, Senator Edward Markey (D-MA) and Congresswomen Lois Capps (D-CA) and Grace Meng (D-NY) announced the Ban Poisonous Additives (BPA) Act. The bill seeks to…more
| Energy & Utilities, Environmental Law, Products Liability

Continuing Litigation Over Titanium Dioxide in Sunscreen and Cosmetics Underscores Importance of Exposure Assessments in Significant Proposition 65 Cases

In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose consumers…more
| Environmental Law, Products Liability, Toxic Torts

New Jersey Court Turns the Screws on the Insured, Holding That “Your Product” Exclusion Bars Coverage For Defective Product Claim

In Titanium Industries, Inc. v. Federal Ins. Co., No. A-1922-12T1, 2014 WL 4428324 (N.J. Super. Ct. App. Div. Sept. 10, 2014), the court held that the commercial general liability policy issued by defendant Federal Insurance…more
| Commercial Law & Contracts, Health, Insurance, Products Liability

First Circuit Confirms No Fiduciary Breach in Use of a Retained Asset Account

For the second time this summer, the First Circuit Court of Appeals addressed whether an ERISA fiduciary’s use of a retained asset account (“RAA”) to pay death benefits is a breach of fiduciary duty. In Merrimon v. Unum Life…more
| Insurance

Bermuda: Taking Charge of the Future - A review of recent legislative changes relating to Trusts and Life Insurance Contracts

Bermuda is a financial centre that is determined to grow, diversify, and improve upon the range and quality of the financial and professional services that it offers to its international clients. This goal is supported by…more
| Finance & Banking, Insurance, International Law & Trade, Taxation, Wills, Trusts, & Estate Planning

In California, Looks Really Do Matter: Visual Appearance and Internal Consistency of Policy Language Supports Application of Exclusion

In Yu v. Landmark American Ins. Co., 2014 WL 4162365 (Cal. Ct. App. Aug. 22, 2014)*, the California Court of Appeals relied on the visual appearance and internal consistency of an endorsement entitled “EXCLUSION – YOUR PRIOR…more
| Construction Law, Insurance

Ice Cream Maker No Softee When It Comes to Infringement of Its Trademarks

Just as summer is coming to a close, the battle between Mister Softee and Master Softee appears to be heating up. Mister Softee is a family-owned business that has been in operation since 1956. It is the franchisor for the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Franchise Law, Intellectual Property
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