Traub Lieberman Straus & Shrewsberry LLP

Mississippi Court Rejects Expansive Reading of Oral Construction Contracts

In McKean, et. al. v. Yates Engineering, 2015 Miss. App. LEXIS 446 (2015), the Court of Appeals of Mississippi affirmed the Circuit Court’s dismissal of four (4) plaintiffs’ personal injury claims stemming from the collapse of…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Personal Injury

Louisiana Supreme Court Adopts Time on the Risk Allocation for Defense Costs

In its recent decision in Arceneaux v. Amstar Corp., 2016 La. LEXIS 1675 (La. Sept. 7, 2016), the Supreme Court of Louisiana had occasion to consider whether an insured must bear a pro rated share of defense costs for uninsured…more
| Civil Procedure, Insurance, Labor & Employment Law

New York Court Holds Forum Selection Clause Enforceable

In its recent decision in Certain Underwriters at Lloyd’s v. New Dominion, LLC, 2016 U.S. Dist. LEXIS 121133 (S.D.N.Y. Sept. 7, 2016), the United States District Court for the Southern District of New York had occasion to…more
| Civil Procedure, Commercial Law & Contracts, Insurance

The Second Circuit Court of Appeals Rules AMTRAK Is Not Entitled to Additional Insurance Proceeds for Superstorm Sandy-Related Damages, But It Might Be Someday.

As the East Coast heads into hurricane season, the Second Circuit issued a timely decision in National Railroad Passenger Corp. v. Aspen Specialty Insurance Cor., 2016 U.S. App. LEXIS 16704 (2d Cir. Aug. 31, 2016). Amtrak sued…more
| Civil Procedure, Insurance, Transportation

Ohio Court Holds No Coverage for Misrepresentation Claims

In its recent decision in Lakeside Terrace Home Sales, Ltd. v. Arrowood Indem. Co., 2016 U.S. Dist. LEXIS 114828 (N.D. Ohio Aug. 26, 2016), the United States District Court for the Northern District of Ohio, had occasion to…more
| Civil Remedies, Construction Law, Insurance, Real Estate - Commercial, Real Estate - Residential

FTC Reverses Its ALJ and Finds LabMD Section 5 Violation

The Federal Trade Commission recently vacated the decision of its Chief Administrative Law Judge and on July 29, 2016 entered a final order against LabMD potentially expanding previous interpretations of what constitutes “unfair…more
| Antitrust & Trade Regulation, Civil Procedure, Privacy

Florida’s Fifth District Allows Evidence of Prior Sinkhole Insurance Settlement in Subsequent Sinkhole Trial

In Tower Hill Signature Ins. v. Speck, 2016 Fla. App. LEXIS 12167 (Fla. Dist. Ct. App. 5th Dist. Aug. 12, 2016), the Fifth District found the trial court abused its discretion by not admitting into evidence the amount of a prior…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

New Jersey Supreme Court Holds CGL Policies Cover Developer/General Contractor for Damage Caused by Subcontractor’s Faulty Workmanship

The New Jersey Supreme Court recently considered whether damage caused by a subcontractor’s faulty workmanship constitutes property damage caused by an occurrence under a developer/general contractor’s commercial general…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

Eleventh Circuits Affirms Summary Judgment in Favor of Insurer Based on Homeowners Failure to Cooperate with the Insurer’s Investigation and Resolution of the Claims

In Hsu v. Safeco Ins. Co. of Ind., 2016 U.S. Dist. LEXIS 12407 (11th Cir. 2016), the Eleventh Circuit affirmed summary judgment in favor of Safeco Insurance Company of Indiana (“Safeco”), finding that the homeowner breached the…more
| Civil Procedure, Commercial Law & Contracts, Insurance

11th Circuit Holds Insurer Not Entitled to Summary Judgment in Bad Faith Claim

In its recent decision in Hinson v. Titan Ins. Co., 2016 U.S. App. LEXIS 14474 (11th Cir. Aug. 8, 2016), the United States Court of Appeals for the Eleventh Circuit, had occasion to consider how diligent an insurer must act to…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

Home Depot Seeks Interlocutory Review of District Court’s Denial of Motion to Dismiss

In May of this year, the United States District Court for the Northern District of Georgia ruled largely in favor of the class action plaintiffs and against The Home Depot, Inc. by denying a motion to dismiss on at the pleading…more
| Civil Procedure, Privacy, Science, Computers, & Technology

New Jersey Court Holds Suits Constitute Interrelated Wrongful Acts

In its recent decision in Old Bridge Municipal Authority v. Westchester Fire Ins. Co., 2016 U.S. Dist., LEXIS 99327 (D. N.J. July 29, 2016), the United States District Court for the District of New Jersey had occasion to…more
| Insurance

Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award

In the New York case of Schindler Elevator Corporation v. Tully Construction Co., Inc., 139 A.D.3d 930 (2d Dep’t 2016), the plaintiff sought recovery of additional expenses and costs it allegedly incurred as a result of delays…more
| Business Torts, Commercial Law & Contracts, Construction Law

Fifth Circuit Holds that National Union Fire Insurance Company of Pittsburgh, PA’s Commercial Crime Policy Does Not Cover Insured’s Losses Arising from Alleged Employee Forgeries

Tesoro Refining & Marketing Co. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2016 U.S. App. LEXIS 13838 (5th Cir. July 29, 2016). In 2003, Tesoro Refining and Marketing Company, LLC (“Tesoro”) started selling fuel to Enmex…more
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Indiana Court Concludes Broad Pollution Exclusion Is Ambiguous

In its recent decision in Old Republic Ins. Co. v. Gary/Chicago International Airport Authority, 2016 U.S. Dist. LEXIS 96361 (N.D. Ind. July 25, 2016), the United States District Court for the Northern District of Indiana had…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Transportation
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