News & Analysis as of

Future Claims

Fox Rothschild LLP

Who Can Be A Future Claims Representative In The Third Circuit?

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Imerys Talc American, Inc. (“Imerys”) filed bankruptcy in response to crushing liability imposed by mounting asbestos and talc personal injury claims to take advantage of Bankruptcy Code § 524(g) which, among other things,...more

Dunlap Bennett & Ludwig PLLC

Word To The Wise: Prior Discussions Will Not Prevent A Modification From Waiving A Contractor’s Right To Assert A Future Claim

Oftentimes contractors face changing circumstances during contract performance through delays or change orders and then seek to recover additional time and funding through a bilateral modification with the government. ...more

ArentFox Schiff

Maine Court Approves Consent Decree on Long-Running RCRA Suit, Rejects Request to Bar Future Claims

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Consent decrees play a major role in environmental litigation. This week, Maine People’s Alliance v. Holtrachem Manufacturing Company, one of the nation’s longest-running cases under the Resource Conservation and Recovery...more

Wiley Rein LLP

Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy

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The Appeals Court of Massachusetts has affirmed judgment in favor of an insurer under a claims-made policy on the basis that the claim was not timely reported. See Meadows Constr. Co. LLC v. Westchester Fire Ins. Co., 2022...more

Jackson Lewis P.C.

Ask a Litigator: What Can Be Included In A Settlement Agreement?

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An effective settlement agreement memorializes the resolution of a dispute between a claimant-employee and a business, provides the parties with a clear path forward, and creates peace of mind. A poorly-drafted settlement...more

McGlinchey Stafford

Does my release bar a future claim?

McGlinchey Stafford on

The Bullet Point: An Ohio Commercial Law Bulletin May 20, 2020 In this appeal, the Eleventh Appellate District affirmed the trial court’s decision finding that the defendants did not waive the defense of lack of personal...more

Epstein Becker & Green

AB 9 Extends Employees’ Statute of Limitations to File Discrimination Charges in California to Three Years—Employers, This Affects...

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On October 10, 2019, California Governor Gavin Newsom signed AB 9 into law, which, effective January 1, 2020, will extend the time an employee has to file a charge of discrimination with the Department of Fair Employment and...more

Dechert LLP

Appointing a Future Claims Representative: Recent Developments

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A New Jersey District Court recently addressed several issues in connection with the appointment of a future claims representative (“FCR”). In light of the recent increase in mass-tort bankruptcy cases, exploring these issues...more

White and Williams LLP

Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency

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In In re Garlock Sealing Technologies, LLC, 504 B.R. 71 (Bankr. W.D.N.C. 2014), the court confirmed what many asbestos defendants and their insurers long suspected: that “the withholding of exposure evidence by plaintiffs and...more

Sands Anderson PC

Court Excludes Plaintiff's Expert's Opinion On Future Damages

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The plaintiff filed a Complaint in the Fairfax County Circuit Court claiming the defendant injured her in an automobile accident. After deciding not to use the first expert orthopedist she hired for the case, the plaintiff...more

Brooks Pierce

When You Settle A Case, Don't "Over-Release" The Defendant

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The parties to Security Camera Warehouse, Inc. v. Bowman, 2017 NCBC 38, had been adverse to each other in a previous lawsuit (not in the Business Court), which they settled. Security Camera released Bowman, one of its former...more

Cozen O'Connor

California Court Raises Anew Questions of Standing in Data Breach Cases

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There is no question that data breaches are among the most common and costly threats to consumers and companies alike. What remains the subject of vehement debate is whether plaintiffs in cyber-attack cases must allege stolen...more

Hinshaw & Culbertson LLP

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more

Cadwalader, Wickersham & Taft LLP

2012 Year In Review – Part 1

In This Issue: - March 9, 2012: Publication of Dynegy Examiner’s Report - March 29, 2012: SDNY Rules That 363 Sales May Not Be Free and Clear of Future Claims - May 15, 2102: Eleventh Circuit Rules in...more

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