News & Analysis as of

Declaratory Judgments Settlement

White and Williams LLP

First Circuit Limits Insurers’ Right to Recoup Defense Costs, Settlement Payments

White and Williams LLP on

Weighing in on an issue that has divided courts nationwide, the U.S. Court of Appeals for the First Circuit has ruled that an insurer under Massachusetts law has no right to recoup defense costs, or amounts the insurer pays...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

ArentFox Schiff on

Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more

Foley & Lardner LLP

Litigating Donor Intent: State ex rel. Board of Curators of University of Missouri v. Green

Foley & Lardner LLP on

A recent case involving a gift to endow professorships shows the tension between principles of trust and contract in bequests—and how the difference can have unanticipated and important effects on how disputes are resolved. ...more

Jaburg Wilk

What is a Morris Agreement?

Jaburg Wilk on

A “Morris Agreement” is a “settlement agreement entered into when the insurer is defending under a reservation of rights under which the insured stipulates to a judgment, assigns his rights against the insurer to the...more

Proskauer - Corporate Defense and Disputes

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

Orrick - Finance 20/20

Bank of America and Midland Settle RMBS Litigation

Orrick - Finance 20/20 on

On September 8, 2015, Bank of America NA and Midland Loan Services settled Bank of America’s lawsuit seeking a declaratory judgment that it did not breach the representations and warranties in connection with a CMBS...more

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit Issues Landmark Insurable Interest Ruling

March 13, 2015 – This morning the United States Court of Appeals for the Eighth Circuit handed down a game-changing ruling with major implications for the life settlements industry. The Eighth Circuit’s decision in PHL...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- Dec 11, 2013

FEMA Clarifies Time Extension for Victims of Sandy - Why it matters: Given the unprecedented meteorological event known colloquially as “Superstorm Sandy,” the Federal Emergency Management Agency granted multiple...more

Carlton Fields

Florida Supreme Court Issues New Offer Of Judgment Decision

Carlton Fields on

Today the Florida Supreme Court issued an extremely important decision regarding proposals for settlement/offers of judgment (“OJs”), made pursuant to section 768.79, Florida Statutes....more

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