Recovery Laws

News & Analysis as of

Full Credit Bid Rule Bars Recovery for Wrongfully Enjoined Lender

On June 30, 2014, Judge James A. Teilborg, a Senior District Judge in Arizona, ruled that Tri City National Bank (“TCNB”) was not entitled to bond money posted by the plaintiffs after TCNB was wrongfully enjoined from...more

Recoverable Costs As Prevailing Party – Subpoenaed Medical Records

Naser v. Lakeridge Athletic Club - Court of Appeal, Fifth Appellate District (June 27, 2014) - Pursuant to California Code of Civil Procedure (CCP) § 1032, a prevailing party is entitled to recover costs. The...more

Court Rules That Creditors May Assert Full Amount of Claim Despite Partial Recovery From Third Parties

On June 23, 2014, a federal bankruptcy court in Nebraska issued an order in the chapter 11 bankruptcy cases of Biovance Technologies, Inc. and William Edward Julien that granted American National Bank’s (“ANB”) motion for...more

Repetitive Water Heater Failure Claims – New Theories of Recovery

It can be frustrating when pursuit of a products liability case is not economically feasible due to the small dollar value of the claim. This is especially true with repetitive failure claims – when the same type of product...more

Relief from Sanctions Under CPR R3.9: The New Test

Denton & ors v TH White Ltd & anr [2014] EWCA Civ 906, 4 July 2014 - The Court of Appeal has set out new guidance, in the form of a three stage test, for the approach that should be taken by the court when a party...more

Insurance Recovery Law - Jun 2014 #2

Nevada Supreme Court Holds That Absolute Pollution Exclusion Does Not Bar Coverage for Carbon Monoxide Poisoning Suit - Why it matters: In answering certified questions from the Ninth Circuit, Nevada joined...more

"Court Rules That Cartel Members Are Liable for 'Umbrella Claims'"

In a judgment that may expand civil damage liability for cartel participants significantly (Case C-557/12, Kone AG and Others, judgment of June 5, 2014), the European Court of Justice (the ECJ) has ruled that a cartel’s...more

Supreme Court Relaxes Standard for Recovering Attorney Fees in Patent Cases

On April 29, 2014, the United States Supreme Court significantly lowered the standard for demonstrating entitlement to attorneys' fees in patent cases. In Octane Fitness, LLC v. Icon Health & Fitness, Inc., the high court...more

Insurance Recovery Law

Suit Alleging Drug Distributor Was a “Pill Mill” Requires Defense - Why it matters: A Kentucky federal court held that the claimed impact in a suit brought by the West Virginia Attorney General – alleging that...more

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth...more

Insurance Recovery Law - Mar 13, 2014

Courts Hold that Involvement of Lawyers Insufficient Basis to Withhold Routine Insurer Fact Investigations Materials: Why it matters - These cases confirm that insurers cannot hide claims-handling and similar...more

Regulatory Risk Update - Defendant's Costs in Criminal Proceedings

The ability of companies to recover costs of defending criminal proceedings has been severely restricted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the "Act"). CHANGES TO THE LAW - The...more

Insurance Recovery Law - Feb 26, 2014

Fourth Circuit Allows Punitive Damages Against Insurer For Bad Faith Despite Lack Of Actual Damages - Why it matters: A policyholder is not required to prove ascertainable damages to be entitled to an award of...more

Federal Circuit Clarifies Standard for Recovery of eDiscovery Costs

As many recent litigants know, the costs of eDiscovery can be enormous. Therefore, the ability to recover those costs can have a significant impact on a company’s bottom line – from tens to hundreds of thousands of dollars....more

Consignment: Recovering Goods or Proceeds from a Bankrupt Client

When a client goes bankrupt, an unpaid supplier is often left with few remedies. Generally speaking, the unpaid supplier’s recovery is limited to their proportional share of what is left of the proceeds from the bankrupt’s...more

Insurance Recovery Law - Jan 30, 2014

California Court Recognizes Named, Additional Insureds Have Different Expectations - Why it matters: While the holding sounds straightforward – the reasonable expectations of an additional insured about the...more

Insurance Recovery Law -- Jan 17, 2014

N.Y. Court Rules In Deductible Battle For Flood Damage Caused By Sandy - Why it matters: The destruction left in the wake of Superstorm Sandy has resulted in a mess of insurance battles for policyholders as well. In a...more

A Prevailing Party Can't Recover The $1,000 Fee For Designating A Case To The Business Court As A "Cost"

If you think like me, you were thinking that the $1,000 fee for designating a case to the Business Court would be recoverable as an item of costs if you were successful in the case. ...more

Insurance Recovery Law -- Nov 14, 2013

In A New York State Of Mind . . . For Expanded Vandalism Coverage - Why it matters: Property owners in New York with coverage for vandalism will be pleased with the Georgitsi Realty LLC v. Penn-Star Insurance Company...more

Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company

Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled. ...more

Insurance Recovery Law -- Oct 29, 2013

California Insurance Dreamin’ - Why it matters: The Swanson decision establishes a clear boundary line for an insurer’s Cumis obligations. Just because a conflict existed at one point in the litigation and the insurer...more

Insurance Recovery Law -- Oct 18, 2013

New York Court Rules That Conflict Between Exclusion and Grant of Coverage Created Ambiguity in Exclusion Requiring Trial - Why it matters: In a coverage dispute arising out of the Madoff debacle, a financial bond...more

Under Construction - September 2013: California’s Economic Loss Doctrine – Limits on Tort Recovery

In California, the economic loss rule addresses the distinction between suits in contract and tort. A contract claim can typically be pursued to recover all damages proximately caused by breach of contract, unless expressly...more

Insurance Recovery Law -- Sep 19, 2013

Pollution Claims–Apparently Here to Stay - With the advent of the “absolute” pollution exclusion in commercial general liability (“CGL”) policies in the mid-1980s, many in the insurance industry predicted that...more

Illinois Supreme Court to Debate Dramshop Act Recovery Cap

Tomorrow morning, the Illinois Supreme Court will hear oral arguments in Rogers v. Imeri. Rogers poses the question when the Dramshop Act recovery cap applies and other defendants have settled, how is the maximum exposure of...more

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