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Top Developments – November 2022

SPOTLIGHT: Third Circuit Court of Appeals Affirms No Coverage for Sex Trafficking Claims - In Nautilus Insurance Co. v. Motel Management Services Inc., the Court of Appeals granted a motion for judgment on the pleadings...more

The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL...

It is an outcome few people expected. Back in August, the Judicial Panel on Multidistrict Litigation (Panel) refused plaintiffs’ requests to set up a single industry-wide multi-district litigation, which would have...more

No Global MDL For COVID Business Interruption Claims, But Panel Will Consider Separate Consolidated Proceedings For Lloyds,...

In a widely anticipated ruling, the Judicial Panel on Multidistrict Litigation has denied two motions to centralize pretrial proceedings in hundreds of federal cases seeking coverage for business interruption losses caused...more

MDL Panel Presented With Numerous Solutions for Handling Hundreds of Federal COVID-19 Coverage Actions

This morning a hearing was held via Zoom before the Judicial Panel on Multidistrict Litigation (MDL) addressing whether the hundreds of COVID-19 coverage actions, pending in federal courts far and wide, should all be...more

All Roads Lead to the JPMDL: Another COVID-19 Business Interruption Declaratory Judgment Is Stayed Pending MDL Decision

Insurers nationwide are awaiting the forthcoming decision of the Judicial Panel on Multidistrict Litigation (JPMDL) on consolidating COVID-19 business interruption coverage lawsuits. In the meantime, some federal courts are...more

COVID Restrictions Struck in Wisconsin – Other Challenges Likely

Tensions between safety, public health, and economic considerations broke into open view again yesterday, as the Wisconsin Supreme Court struck down an Emergency Order issued by the Secretary of the Wisconsin Department of...more

Shuttered Businesses Seek National Consolidation of COVID-19 Business Interruption Claims

On April 20, 2020, two Philadelphia restaurants filed a petition with the Judicial Panel on Multi-District Litigation (the Panel or JPMDL), seeking to transfer and consolidate all COVID-19 business interruption insurance...more

Massachusetts Joins the Fray, Introduces Bill Forcing Insurers to Pay for COVID-19-Related Business Interruption Losses

Before the ink could even dry on our latest alert, regarding Ohio's proposed bill, we learned that Massachusetts legislators had introduced their own COVID-19 bill — making it the third such bill in the span of about two...more

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