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Waivers Estoppel

Wiley Rein LLP

Related Claim Provision Bars Coverage for Discrimination Claims Asserted Over a Six-Year Period

Wiley Rein LLP on

Applying Illinois law, the First District Appellate Court of Illinois has held that a related wrongful acts provision barred coverage for a series of “claims” made over the course of six years because the claims—as the...more

White and Williams LLP

Top Developments March 2023

White and Williams LLP on

Chem. Solvents, Inc. v. Greenwich Ins. Co., 2023 U.S. App. LEXIS 868 (6th Cir. Jan. 13, 2023) - A divided Sixth Circuit panel holds that, under Ohio’s “all sums” allocation scheme, “targeted” insurers may seek indemnity...more

Wiley Rein LLP

“Unregistered Securities Exclusion” Applies to Lawsuits Alleging Violations of State Securities Laws

Wiley Rein LLP on

Applying Michigan law, the U.S. Court of Appeals for the Sixth Circuit has held that an “Unregistered Securities Exclusion” applied to lawsuits against a financial advisor who allegedly sold an unregistered security in...more

King & Spalding

Morgan v. Sundance argument: Is an arbitration clause “use it or lose it”?

King & Spalding on

It’s common for a plaintiff to file a lawsuit despite a contract dictating that the claims are governed by an arbitration clause. And it’s common for a defendant to then file a motion to stay the litigation to kick the...more

Cozen O'Connor

Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California

Cozen O'Connor on

Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Introduction

Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to largely continue its operations....more

Patton Sullivan Brodehl LLP

Loan Guaranties: Statutory and Legal Defenses Can Be Waived, But What About Equitable Defenses?

Guarantors of loans occupy a vulnerable position under California law. While direct borrowers often benefit from California’s robust statutory anti-deficiency framework, those protections are often unavailable for...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

SAS Decision’s Impact on Pending Appeals from the PTAB

Federal Circuit Sheds Some Light on How SAS May Impact Pending Appeals from the PTAB — Court Terminates Appeals of Partially-Instituted IPRs and Remands Back to the PTAB to Consider Non-Instituted “Claims and Grounds” in...more

Cozen O'Connor

Fourth Circuit: Twenty-Seven Days of Inaction Enough to Waive Right to Rescind for Violations of Protective Safeguards Clause

Cozen O'Connor on

The marriage liturgy in the Anglican Book of Common Prayer contains the well-known line “speak now or forever hold your peace,” and the take-away from a recent Fourth Circuit decision out of North Carolina is clearly “act now...more

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