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Bad Faith Burden of Proof

Dechert LLP

Securities and Derivative Litigation: Quarter 3 2022 Update

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In this edition of Dechert’s Securities & Derivative Litigation Quarterly Update, we examine: (1) the Delaware Court of Chancery’s latest post-trial decision showing how the special committee process is critical in the...more

Jaburg Wilk

An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have...

Jaburg Wilk on

Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s...more

White and Williams LLP

Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions

White and Williams LLP on

Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - November 2017/ Volume 9 / Issue 4

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between August 2017 and October 2017....more

Cozen O'Connor

PA Supreme Court Addresses Level of Proof Required Under Statutory Bad Faith Claim

Cozen O'Connor on

In an opinion dated September 28, 2017, the Pennsylvania Supreme Court, Western District, considered as an issue of first impression the level of proof required to prevail in a bad faith claim, examining the elements of a bad...more

Pullman & Comley, LLC

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

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2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Seyfarth Shaw LLP

Delaware Court of Chancery Dismisses Derivative Suits Alleging Directors Wrongfully Refused Litigation Demands

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 30, 2016, The Delaware Court of Chancery dismissed two derivative suits filed on behalf of the Bank of New York Mellon (“BNYM”). The companion memorandum and letter opinions reaffirm the heavy...more

McDermott Will & Emery

Cook County Circuit Court Dismisses 201 False Claims Act Lawsuits

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

Knobbe Martens

GoDaddy victorious in dispute over OSCARS and ACADEMY AWARDS marks | World Trademark Review

Knobbe Martens on

In Academy of Motion Picture Arts and Sciences v GoDaddy.com, the US District Court for the Central District of California has entered judgment in defendant GoDaddy’s favour, holding that plaintiff Academy of Motion Picture...more

K&L Gates LLP

China Adopts First Changes in Trademark Law in Over Twelve Years

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The long-awaited amendments to the People’s Republic of China Trademark Law were finally passed by the National People’s Congress and published on August 30, 2013. The new Amendment to the Trademark Law of the People’s...more

Cozen O'Connor

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

Cozen O'Connor on

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to...more

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