The Sixth Circuit recently published a case, Rochow v. Life Insurance Company of North America, clarifying several points of law as they relate to damages from a claim made under the Employment Retirement Income and Security...more
Accidents can happen anywhere at any time. In Florida, 227,998 vehicle crashes resulted in 2,400 deaths and 181,654 injuries in 2011. That same year, 227 workplace fatalities occurred in the state. State and federal law...more
There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post.
Damages – With Room to Run, the Expert Scores.
Courts are entitled to be “flexible and...more
On July 3, 2013, the Florida Supreme Court held that an insurer making a replacement cost payment to a homeowner who had yet to repair the damaged property could not withhold payment of that component of replacement cost that...more
In This Issue:
News from the Bench:
- Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions
- The Federal Circuit Affirms...more
Many businesses in Oklahoma have been impacted by the devastating tornado that hit that state on May 20, 2013. Early estimates indicate the tornado caused upwards of $2 billion in damage....more
Following the announcement in Budget 2013, HM Revenue & Customs (HMRC) issued a consultation document on May 20, 2013 that focuses on two areas of partnership taxation where HMRC perceive “unintended inconsistencies”...more
On May 1, 2013, in Versata Software, Inc. v. SAP Am., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Moore) affirmed-in-part, vacated-in-part and remanded-in-part the district court's judgment that...more
The case of Blythe v. Bell is like the gift that keeps on giving. It generated two significant opinions last year, and this week a third and a fourth. The July 2012 opinion was a major e-discovery decision, and the December...more
A decision last year from the Commercial Division of the New York State Supreme Court, Erie County, provides two helpful reminders to commercial litigants. First, at least in New York, the plaintiff’s damages must have been...more
This is a much overdue case law update, so it's a little lengthy. But on the upside, it touches on a number of different subjects from around the country....more