News & Analysis as of

Bad Faith Motion to Dismiss

Court Denies Creditor’s Motion to Dismiss Chapter 11 Case Despite Multiple Factors in Favor of Dismissal

by Burr & Forman on

In a recent case out of the bankruptcy court for the Southern District of Florida (the “Court”), a secured creditor moved to dismiss a debtor’s bankruptcy case “for cause” based on the debtor’s bad faith filing. The debtor...more

Third Circuit Affirms Dismissal of Former Employee’s Bad Faith Claims Against Company’s Insurer

by Saul Ewing LLP on

United States Court of Appeals for the Third Circuit affirms District Court’s ruling that company’s liability insurer does not owe a duty to settle to former employee in action against company. Steven LeBoon was...more

"Two Court of Chancery Deal Litigation Decisions Provide Helpful Guidance"

Chelsea Therapeutics: Post-Closing Bad Faith Claim a ‘Rare Bird’ in Delaware Absent Allegations of Self-Interestedness or Lack of Independence - In In re Chelsea Therapeutics International LTD Stockholders Litigation,...more

Ninth Circuit Finds Plausible Claim of Damages Avoids Dismissal of Bad Faith Lawsuit

by Cozen O'Connor on

Can an insurer be potentially liable for breach of contract or bad faith where the insured can only plead a plausible claim of damages? The Ninth Circuit has answered “yes” in a recent decision in the case of Beverly Burton...more

Delaware Court of Chancery Dismisses Litigation Arising from Controller Buyout of Books-A-Million Under "MFW" Framework

by King & Spalding on

On October 10, 2016, the Delaware Court of Chancery issued its decision in In re Books-A-Million, Inc. Stockholders Litigation. The decision, authored by Vice Chancellor J. Travis Laster, is important because it applies the...more

Middle District of Pennsylvania: Where Declination of Defense is Grounded in a Reasonable Basis, No Bad Faith Exists Under...

by Saul Ewing LLP on

Defendant Icon Legacy Custom Modular was sued in two separate state court proceedings: one in New York and one in Massachusetts. Plaintiff Westfield Insurance Company initially agreed to defend Icon as to those actions, but...more

Cook County Circuit Court Dismisses 201 False Claims Act Lawsuits

by McDermott Will & Emery on

At a hearing yesterday, Cook County Circuit Judge James Snyder granted the State of Illinois’ (State) Motion to Dismiss 201 Illinois False Claims Act (FCA) cases filed by the law firm of Stephen B. Diamond, PC (Relator)...more

Court of Chancery Explains Bad Faith Test

by Morris James LLP on

This decision deals with when the actions of directors may be considered to be in bad faith, at least when there is no self-interest involved and the directors are properly informed before taking the time to decide what to...more

Bleak House on the Jersey Shore

by Faegre Baker Daniels on

Remember Jarndyce v. Jarndyce in the Charles Dickens classic Bleak House? The case drags on for so long that the only winners are the lawyers? (Not that that’s all bad.) Well, Jarndyce is playing out in a medical staff...more

The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics...

In Law v. Wells Fargo Bank, N.A. (2015 S.O.S. 13–56099 – filed August 27, 2015), the Ninth Circuit joined the shortlist of Circuit Courts to hold that sanctions for bad-faith litigation tactics under 28 U.S.C. section 1927...more

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

Business Litigation Reporter - May 2015

by Goodwin on

Lawsuit Dismissed Where Defendant Hulu Did Not “Knowingly” Disclose Personal Identifying Information. In In re: Hulu Privacy Litigation, 2015 WL 1503506 (N.D. Cal. March 31, 2015), the plaintiffs alleged that Hulu had...more

Delaware Supreme Court Preserves Benefit of Exculpatory Provisions for Independent Directors at Motion to Dismiss Stage

by Pepper Hamilton LLP on

A recent decision by the Delaware Supreme Court provides independent directors, such as special committee members, with the ability to escape protracted fiduciary duty litigation during its initial stages. The court’s...more

District of Colorado: “First-Party Claimant” Under State Bad Faith Statute is Not Synonymous With First-Party Bad Faith Under...

by Saul Ewing LLP on

Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015). The U.S. District Court for the District of Colorado denies an insurer’s motion to...more

The Ropes Recap: Mergers & Acquisitions Law News

by Ropes & Gray LLP on

In this issue: *News from the Courts - Refinement re “Don’t Ask, Don’t Waive” Standstill Agreements - Proposed Delaware “Medium-Form Merger” To Create an Alternative to Top-Up Options - Court Rejects...more

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