In sum, in 2009, plaintiffs American Brokerage Network and its owner Cung Thai (collectively, “ABN”) and American General Life and Accident Insurance Company (“AGLA”), a subsidiary of American International Group, Inc....more
A California district court recently denied a motion to vacate an arbitration award which had denied a plaintiff’s claims brought before the Financial Industry Regulatory Authority (“FINRA”)....more
12/18/2018
/ Arbitration ,
Arbitration Awards ,
Breach of Contract ,
Breach of Duty ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Management ,
Merrill Lynch ,
Securities Violations ,
Stocks ,
Unclaimed Property ,
Vacated
The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc. (collectively, “Plaintiffs”) brought suit in South...more
11/28/2018
/ Attorney-Client Privilege ,
Bad Faith ,
Breach of Contract ,
Commercial General Liability Policies ,
Construction Defects ,
Denial of Insurance Coverage ,
Insurance Litigation ,
Mandamus Petitions ,
Mediation ,
Unjust Enrichment ,
Work-Product Doctrine
In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. (“Ross”) and VIWY, L.P. (“VIWY”) for Ross to be a tenant in VIWY’s shopping center....more
Floridians for Solar Choice, Inc. (“FSC”), is a Florida not-for-profit corporation formed for the purpose of qualifying for a solar energy amendment ballot initiative in Florida’s general election....more
10/18/2018
/ Arbitration ,
Arbitration Awards ,
Ballot Measures ,
Breach of Contract ,
Constitutional Amendment ,
Conversion ,
Energy Sector ,
Florida ,
Fraudulent Inducement ,
Motion to Vacate ,
Solar Energy ,
Unjust Enrichment
The background and full procedural history of this case can be found here. In sum, the dispute stems from a 2011 agreement by KT Corporation and KTSAT Corporation (“KT”), a Korean satellite communications provider, to sell...more
8/16/2018
/ Arbitration ,
Arbitration Awards ,
Breach of Contract ,
Contract Termination ,
Cross Motions ,
Foreign Trade Regulations ,
International Chamber of Commerce (ICC) ,
Mandatory Arbitration Clauses ,
Operating Agreements ,
Purchase Agreement ,
Vacated
In this case, the ceding company, VIP Universal Medical Insurance Group Ltd. (“VIP”), brought an action in Florida federal court against its reinsurer, BF&M Life Insurance Company Ltd. (“BF&M”), and International Reinsurance...more
In this case, plaintiffs Keller Foundations LLC, a limited liability construction company (“Keller”), Hayward Baker Inc., a construction services corporation (“HBI”), and their parent Keller Group PLC (“Keller Group”) brought...more
Foresight Energy, LLC (“Foresight”) brought an action in Missouri state court against various domestic and Bermuda and London market insurers for declaratory judgment, breach of contract and statutory vexatious refusal to pay...more
5/22/2018
/ Breach of Contract ,
Coal Mines ,
Denial of Insurance Coverage ,
Insurance Litigation ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Motion to Remand ,
New York Convention ,
Policy Terms ,
Reverse Preemption ,
Subject Matter Jurisdiction
Alabama Municipal Insurance Corp. (“AMIC”), an Alabama non-profit public insurer, brought suit in Alabama federal court against Munich Reinsurance America Inc. (“Munich Re”), alleging breach of a reinsurance contract for...more
In this case, plaintiff Aliments Krispy Kernels, a Canadian “snack purveyor,” brought suit to confirm an arbitration award it received against Nichols Farms, a pistachio grower, in New Jersey federal district court. Nichols...more
The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative (“KYHC”), filed suit in Kentucky state court against CGI Technologies and...more
3/8/2017
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Federal Arbitration Act ,
Gross Negligence ,
Insurance Industry ,
Jurisdiction ,
McCarran-Ferguson Act ,
Motion to Compel ,
Preemption ,
Subject Matter Jurisdiction
The background of this case is as follows. CM South East Texas Houston LLC and South East Texas KCH Co. LLC (collectively, “CM South”) asserted breach of contract claims against CareMinders Home Care Inc. (“CareMinders”) and...more
A Colorado federal court denied a party’s motion to compel arbitration, finding that the party had previously waived its right to arbitrate the dispute by defaulting and failing to pay its share of arbitration fees in an...more
In a diversity action arising out of a series of reinsurance agreements, a reinsurer, Odyssey Reinsurance Company, alleged that it was owed sliding scale commission adjustment payments from Cal-Regent Insurance Services...more