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Insights from DRI Class Action Seminar 2014 – Part 1

Last week I attended the Defense Research Institute’s third class action seminar, an event that I had the privilege of helping put together. As I’ve done in past years, I will summarize my “takeaways” from the seminar here....more

Can a Settlement Offer by an Insurer Lead to Treble Damages?

Under North Carolina law, insurers may not engage in certain prohibited practices. Chapter 58 of the North Carolina General Statutes enumerates these practices....more

Halifax Health Gets In More Hot Water

You probably didn’t think Florida’s Halifax Health could make its situation any worse. After all, only two months ago Halifax agreed to pay $85 million to settle just the first half of a Medicare fraud case. That still...more

Court Escalates a $4 million Covenant Judgment to a $20 million Bad Faith Judgment

Last week, the Washington Court of Appeals held that “in an insurance bad faith case, the amount of a reasonable covenant judgment sets a floor, not a ceiling, on the damages the jury may award.” Miller v. Safeco Ins. Co.,...more

Belgian Class Actions - The Final Stretch

The Belgian collective redress act (hereafter the Collective Redress Act) was signed into law just before the Easter break on 27 March 2014 and is expected to enter into force in the next couple of months (a royal decree...more

Regulatory Proceedings and Class Actions: The Supreme Court of Canada Speaks on Preferable Procedure

On December 12, 2013, the Supreme Court of Canada (SCC) released its fourth major class action decision in two months: AIC Limited et al v Dennis Fischer et al (Fischer). This case concerns whether a class action is the...more

Little Harm, Big Damages: AvMed Settlement Could Change the Landscape for Privacy Breach Class Actions

On October 21, Florida-based health insurer AvMed, Inc. (AvMed) settled a data breach class action lawsuit for $3 million, even though no plaintiffs in the class demonstrated that they had suffered identity theft or any other...more

TCPA Connect -- Oct 16, 2013

It's TCPA Day - It's October 16—"TCPA Day." Today the FCC’s updated Telephone Consumer Protection Act (TCPA) regulations will finally take effect. The new rules pose significant challenges for companies seeking to...more

Insurance Recovery Law -- Sep 12, 2013

Summer Ends on a High Note for Policyholders - Summer may be winding down, but the courts are still smiling on policyholders. The three cases discussed in this week’s newsletter present some big wins for...more

Federal Court Dismisses Class Action Complaint Based on Pre-Complaint Offer of Settlement

In Datascope Analytics, LLC v. Comcast Cable Communications, Inc., No. 13-608, 2013 U.S. Dist. LEXIS 70215 (E.D. Pa. May 17, 2013), the District Court dismissed a proposed class action at the inception of the lawsuit because...more

Telephone Consumer Protection Act Damages are Insurable, According to Illinois Supreme Court

Companies defending claims in Illinois that they violated the Telephone Consumer Protection Act (TCPA) can breathe a sigh of relief: damages under the Act are insurable, according to the Illinois Supreme Court. Interpreting...more

INTERPOL's Red Notice against Paul Watson- Environmentalists Bury the Hatchet for the Sake of a Common Cause

As observers of INTERPOL and environmental issues know, a Red Notice has been pending against environmentalist Paul Watson of the Sea Shepherd Conservation Society ("SSCS") since last year. INTERPOL's press statement about...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 6: Damages for Post Traumatic Stress Disorder (PTSD)

Overview - This article is designed to outline the tax treatment of post-traumatic stress disorder (PTSD) damages for plaintiffs. PTSD has become a household illness particularly among our soldiers returning from Iraq...more

Key Takeaways for Companies to Consider When Doing Government-Contract Work

Key takeaways for companies to consider when doing government-contract work - Brownstein’s litigation team scored a major victory for client Flintco, a New Mexico-based contractor, in one of New Mexico’s first trials...more

How To Resolve A Car Accident Case: Go To Trial Or Settle?

Unless you have a serious accident, you may never become embroiled in the legal process that can start after a car wreck. However, once it is determined that your injuries were caused by someone else’s negligence,...more

IRS Reporting Requirements for Class Action Settlement Payments and Court Awarded Damages

When finalizing class action settlements, or paying damage awards after a class action judgment, it is important to be mindful of the taxation of these payments and the related IRS information reporting requirements triggered...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 1: The Basics

Overview - Legal settlements in the U.S. easily exceed one trillion dollars on an annual basis. The tax consequences of settlements and damages should be reasonably well known and settled. . However, that is not the...more

Federal Circuit Finds Settlement Negotiations Discoverable

In a ruling of first impression, the Federal Circuit confirmed that settlement negotiations related to reasonable royalties and damage calculations are discoverable. The Court rejected plaintiff MSTG, Inc.’s argument that...more

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