Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more
In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more
The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more
Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co., No. 22-13603 (11th Cir. 2023) - Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage...more
The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more
Louisiana experienced déjà vu in 2021 when Hurricane Ida inflicted damage to the southeastern part of the State similar to that experienced by citizens impacted by Hurricane Laura one year earlier and on the sixteenth...more
In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a May 18th Opinion whether an insurance policy addressed certain alleged dust-related property damage. See Grinnell Mutual Reinsurance...more
In U.S. Automatic Sprinkler Corp. v. Erie Insurance Exchange, 21A-CT-580, 2022 WL 906142 (Ind. Ct. App. Mar. 29, 2022), the Indiana Court of Appeals held that a subrogation waiver in an insured’s maintenance contract did not...more
In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity...more
A Louisiana Court of Appeal (First Circuit) (“Court”) addressed in February 17th Opinion an issue arising out of a lessee’s damage claim against a lessor purportedly caused by exposure to mold. See Scott v. Adams, 2022 WL...more
A District Court in the Eastern District of Pennsylvania recently held that an insured’s submission of invoices altered to inflate replacement costs for water-damaged inventory constituted material misrepresentations. ...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it...more
In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more
With the COVID-19 pandemic and government stay-at-home orders came an unprecedented number of claims for business interruption coverage under first-party property policies—and the inevitable coverage litigation over those...more
In Balfour Beatty Construction, LLC v. Liberty Mutual Fire Insurance Company, No. 19-20216 (August 3, 2020), the Fifth Circuit determined that Liberty Mutual’s policy does not cover a construction company’s claim for window...more
In Greene v. Westfield Insurance Co., the Seventh Circuit Court of Appeals recently affirmed summary judgment finding that commercial general liability policies issued by Westfield Insurance Co. did not cover a $50.56 million...more
A Maryland federal court recently weighed in on the still-murky world of insurance coverage for cybersecurity losses, finding replacement costs necessitated by a ransomware attack were “direct physical loss or damage” to a...more
A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But...more
Florida’s Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be...more
In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the insurer, finding there...more
A recent ruling in a U.S. District Court in Missouri may suggest a new path for policy exclusions based on “continuous or repeated seepage or leakage of water.” The Court rejected the argument that the continuous or repeated...more
In City of Oroville v. Superior Court, 446 P.3d 304 (Cal. 2019), the Supreme Court of California considered whether the City of Oroville (City) was liable to a dental practice for inverse condemnation damages associated with...more
We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more