News & Analysis as of

Third-Party Settlement Agreements

Frantz Ward LLP

Sixth Circuit Revives an Equitable Claim for Disgorgement Under ERISA Where an Insurer Obtained Reimbursement is Not Set Forth in...

Frantz Ward LLP on

In Patterson v. United Healthcare Insurance Company, 76 F.4th 487 (6th Cir. 2023), the Sixth Circuit held that the plaintiff insured had stated an equitable claim for disgorgement under ERISA where he sought disgorgement of...more

McDermott Will & Emery

Back to the Future: Prior Third-Party Settlement Doesn’t Impact Future Trademark Licensees

The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement...more

Walkers

Cayman Islands: When are relevant documents in the “power” of a litigant and therefore discoverable?

Walkers on

Under Order 24, rule 1 of the Grand Court Rules (“GCR”), a party is required to give discovery of “documents which are or have been in his possession, custody or power”. Given the importance of “power” to determine -...more

Nelson Mullins Riley & Scarborough LLP

Eleventh Circuit Announces Differing Standards for Approval of Third Party Releases

The Eleventh Circuit Court of Appeals recently issued an opinion in In re Centro Group, LLC, No. 21-11364, 2021 WL 5158001 (11th Cir. Nov. 5, 2021), in which it clarified the two separate and distinct standards for approving...more

Chartwell Law

In Light of Whitmoyer, Have Third Party Settlement Agreements Radically Changed?

Chartwell Law on

Since the Pennsylvania Supreme Court’s decision in Whitmoyer v. Workers’ Compensation Appeal Board (Mountain Country Meats), 186 A3d 947 (Pa. 2018), circulated on June 19, 2018 (as you will see, the date matters), an...more

Porter Hedges LLP

The Impact Of New Texas Discovery Rules In Delay and Disruption Claims

Porter Hedges LLP on

Any lawsuit filed in Texas state courts on or after January 1, 2021 are now subject to the newly-amended Texas Rules of Civil Procedure. Our litigation team has a helpful review of several of the most significant changes...more

Balch & Bingham LLP

Mortgage Analytics Company and FTC Agree to Settlement on Allegations Related to Third-Party Vendor Data Breach

Balch & Bingham LLP on

Ascension Data & Analytics LLC, a data analytics company for the mortgage industry, has entered into a proposed settlement agreement with the Federal Trade Commission (FTC) following allegations that it violated the...more

ArentFox Schiff

FTC Zoom Settlement Requires Upgrades to Security

ArentFox Schiff on

The Federal Trade Commission (FTC) recently announced a settlement with Zoom Video Communications, Inc. (Zoom) after allegations that Zoom misled users through deceptive and unfair practices that made users believe their...more

Farrell Fritz, P.C.

Unconscionability Defense Fails to Raise Issue of Fact - Legal Woes for the Whistleblower who Turned Down his Award

Farrell Fritz, P.C. on

In 2015, our colleagues in the white-collar criminal defense bar braced for the impact of a memorandum penned by then Deputy Attorney General Sally Yates.  The Yates Memo encouraged both federal prosecutors and civil...more

Chartwell Law

VIDEO: Update on Third Party Workers’ Compensation Settlements in Pennsylvania

Chartwell Law on

Chartwell Law attorneys Mary Wagner, who is a licensed RN, and Jason Hanford discuss third party workers’ compensation settlements in Pennsylvania. If you have any additional questions about this topic, please contact the...more

Thomas Fox - Compliance Evangelist

Airbus Settlement: Part 3 – The Bribery Schemes

Last week, Airbus SE (Airbus) settled a long-standing corruption scandal by agreeing to enforcement actions in three countries; France, the United Kingdom and the US. The matter involved a massive, worldwide, long running...more

Skadden, Arps, Slate, Meagher & Flom LLP

Heeding Calls for Reform in Multidistrict Litigation Practices

Multidistrict litigation (MDL) proceedings comprise a large and growing portion of the federal civil docket. According to Lawyers for Civil Justice, an association of defense counsel, MDLs encompassed 52% of all federal civil...more

Steptoe & Johnson PLLC

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will...more

Allen Matkins

Material Breach Releases Obligation To Third Party Beneficiaries

Allen Matkins on

On April 12, 2018, the Nevada Supreme Court held that one party's material breach of a contract releases the non-breaching party's contractual obligation to a third-party beneficiary. Cain v. Price, 134 Nev. Adv. Op. 26...more

Snell & Wilmer

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Ballard Spahr LLP

Senate Judiciary Committee Chair seeks DOJ rescission of settlement payments to third parties

Ballard Spahr LLP on

Earlier this month, Attorney General Jeff Sessions issued a memorandum in which he prohibited DOJ attorneys from entering into settlement agreements on behalf of the United States that require a payment or loan to any...more

Manatt, Phelps & Phillips, LLP

Deferred-Interest Loan Products Cost Issuer $700,000 in CFPB Deal

Why it matters - Allegedly deceptive enrollment tactics by third-party marketers cost the issuer of healthcare credit cards $700,000 in a settlement with the Consumer Financial Protection Bureau (CFPB). Springstone...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide