Carlton Fields Jorden Burt

Sixth Circuit Denies Additional Attorneys’ Fees For Post-Arbitration Confirmation Proceeding, Finding Them Beyond The Scope Of Parties’ Agreement

The Sixth Circuit affirmed the district court’s denial of a motion for attorneys’ fees and enhancement of fees resulting from post-arbitration confirmation proceedings. The issue before the court was whether the agreement…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Commercial Law & Contracts

Fifth Circuit Weighs In On Arbitrability Of Issues That Could Have Been Decided By The Court

In the recent unpublished opinion, the United States Court of Appeals for the Fifth Circuit confirmed that if an issue is voluntarily submitted to an arbitrator, then the arbitrator can decide the issue, even if it is one that…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Certification Unhealthy: Ninth Circuit Vacates Order Certifying Class of Dietary Supplement Purchasers

The Ninth Circuit vacated a class certification order issued by the Central District of California, finding that common issues did not predominate because plaintiff had failed to demonstrate that the alleged misrepresentation…more
| Business Torts, Civil Procedure, Communications & Media Law, Science, Computers, & Technology

In Overhead and Profit Class Actions, The Third Trade’s No Longer The Charm

When repairs to a damaged home reach a certain level of complexity, they call for supervision by a general contractor, who receives a percentage of the actual repair costs as “general contractor’s overhead and profit” or “GCOP.”…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Service Of Suit Clause Waives Reinsurers’ Rights To Remove Case To Federal Court

A federal district court in New Hampshire has held that a service of suit clause contained in reinsurance contracts waives the reinsurers’ rights to remove a litigation brought against them in state court by the Insurance…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Eleventh Circuit Affirms Summary Judgment for Insurer Based on "Other Capacity" Exclusion

On June 22, the Eleventh Circuit affirmed the grant of summary judgment in favor of National Union Insurance Company of Pittsburgh, Pa., in an action where the insured sought $10 million in coverage under a D&O policy. The court…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance

Department of Labor Issues Long-Anticipated Rule Increasing Salary Level Test Applicable to White Collar Exemptions Under the FLSA

On June 30, the Department of Labor’s Wage Hour Division (WHD) issued its long-anticipated proposed rule and request for comments concerning recommended changes to the Fair Labor Standards Act (FLSA) white collar exemptions from…more
| Labor & Employment Law

They Didn’t Teach You This in Law School: Preserving Error as to PowerPoint Presentations at Trial

Today, it is rare for a trial to take place without the use of PowerPoint presentations. They most often appear during opening statement, the examination of experts, and closing argument. So let’s suppose that opposing counsel…more
| Civil Procedure

Eighth Circuit Upholds Arbitration Agreement In Absence Of Actual Proof Of Unconscionability Due To Cost

The Eighth Circuit affirmed a decision by the U.S. District Court for the Eastern District of Missouri which rejected the contention that an arbitration agreement was unconscionable, and unenforceable under the Federal…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Franchise Law

Special Focus: What The Insurance Industry Should Know About The IRS’s Campaign Against “Abusive” Micro Captives

Though in the midst of a stifling budget and personnel reduction, the United States Internal Revenue Service (“IRS”) recently announced an increased effort to curb what it sees as widespread abusive applications of so-called…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Insurance, Taxation

U.S. Supreme Court Decides Fair Housing Act Allows Disparate-Impact Claims

On June 25th, the U.S. Supreme Court issued its opinion in Texas Department of Housing and Community Affairs, et al. v. Inclusive Communities Project, Inc., et al., holding that disparate-impact claims are cognizable under the…more
| Civil Procedure, Civil Rights, Constitutional Law, Real Estate - Residential, Taxation

Florida Appellate Court Rejects Bid to Curb Insureds’ Assignments to Contractors

Many property insurance policies contain terms that prohibit assignment, but Florida law has long deemed those terms inoperative once a loss has occurred. E.g., W. Fla. Grocery Co. v. Teutonia Fire Ins. Co., 74 Fla. 220 (Fla…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Commercial

Expect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed Bumps, Volume II, Spring 2015

In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What…more
| Communications & Media Law, Health, Insurance, Science, Computers, & Technology, Securities Law

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance

The below chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications..…more
| Communications & Media Law, Finance & Banking, Privacy, Health, Science, Computers, & Technology

Delaware Supreme Court Rejects Presumption of Disloyalty for Independent Directors

Public companies incorporated in Delaware frequently adopt a charter provision, pursuant to 8 Del. C. § 102(b)(7), that insulates their directors from monetary damages for breaches of the fiduciary duty of care. Those…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law
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