What is Subrogation and How Does it Affect Settlement Amounts?
Forensic accountants are frequently retained to evaluate economic damages arising from a multitude of circumstances. These engagements require a set of specialized knowledge unique to the facts of the particular case. In many...more
At 1:29 am on March 26, 2024, a cargo ship collided (or, more accurately, allided) with the Francis Scott Key Bridge near Baltimore, Maryland. The bridge fell into the Patapsco River in a matter of seconds, immediately...more
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
The question of vicarious liability in the context of nonemployment relationships has been a key issue confronting courts dealing with institutional sexual abuse claims. Indeed, the High Court of Australia will soon deliver...more
Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more
In November 2019, the Federal Trade Commission filed a lawsuit against direct selling wellness company Neora, LLC (f/k/a Nerium International, LLC) and its Chief Executive Officer alleging that the company operates as an...more
Earlier this month, wildfires tore through the Island of Maui. While the fires affected an estimated 17,000 acres, the town of Lahaina was hit the hardest, leaving over 114 people dead and another 850 missing. More recently,...more
Loss of Income Caused by a Government Mandate to Suspend Business Operations Due to the COVID-19 Virus is not Covered by a Standard Property Insurance Policy Because the Physical Presence of the Virus on Insured Property Does...more
Background - Almost a year to the day after the EVER GIVEN blocked the Suez Canal, making global headlines and focusing the general public’s attention on the world of shipping, bad news struck the EVER GIVEN’s parent...more
Bundesländer sehen künftig Einschränkungen für Ungeimpfte vor - 1. ANKÜNDIGUNG – KEINE ENTSCHÄDIGUNG MEHR FÜR UNGEIMPFTE - Die Bundesländer Baden-Württemberg und Nordrhein-Westfalen haben angekündigt, ab dem 15....more
After not taking action and allowing the 2020 foreclosure moratorium to expire on December 31, 2020 (“2020 Act”), the Oregon legislature took action in May to pass House Bill 2009 (the “2021 Act” or the “Act”), reinstating...more
COVID-19 Updates April 9, 2021 *The SBA opened the application process on Thursday, April 8, but has temporarily suspended the SVOG application portal due to technical difficulties. Applicants may continue to register for a...more
Deutschland befindet sich weiterhin im Lockdown, vorerst bis zum 7. März 2021. Immer mehr Vermieter von Gewerbeimmobilien sehen sich dem Verlangen nach einer Mietreduzierung von Mietern ausgesetzt, die mit Umsatzeinbußen...more
Democratic senators have revived a bill aimed at providing an easier path into bankruptcy for Americans suffering financial hardship stemming from COVID-19. The Medical Bankruptcy Fairness Act (the “Proposed Act”) has been...more
Over the years, I have blogged about alimony formulas, “rules of thumb” and similar ways that alimony is settled. I say settled, because in most instances, courts are not allowed to use a formula to determine alimony. ...more
Law360 reports that more than five thousand civil lawsuits have been filed by businesses seeking to recoup pandemic-related losses under their commercial policies. This new wave of litigation has called upon courts across the...more
Unfortunately, we again write while wildfire is devouring homes and businesses in Napa and Sonoma, and threatening many more. We’ve previously posted tips about first steps that you should take in the event your business has...more
A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses. In Optical Services USA/JCI v. Franklin Mutual Insurance Co., No. BER-L-3681-20, pending in the...more
The Centers for Disease Control and Prevention has issued an order titled “Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19” (“Order”) forbidding evictions of residential tenants who do not...more
As coronavirus business interruption claims continue to be filed and make their way through courts across the country, an August 18, 2020 opinion from the Eleventh Circuit Court of Appeals could influence how Florida’s...more
In conjunction with the Locke Lord COVID-19 task force, we are reviewing, analyzing, and compiling regulatory updates to provide clients easy access to information during this unprecedented time. If you have any questions on...more
Over the past two months, numerous state legislatures introduced bills targeted toward voiding the virus exclusion included in most business interruption insurance provisions in commercial property policies. None of the bills...more
In our April 2020 Insurance Update we begin with a recap of some of the COVID-19 business interruption claims filed against insurers.... There were some important decisions over the past month from state high courts....more
“SOCIAL CARE ACT” AND THE “ACT ON PEOPLE’S PROTECTION FOR EPIDEMIC SITUATIONS OF NATIONWIDE IMPORTANCE” In response to the ongoing coronavirus (COVID-19) crisis, the laws on people’s protection for epidemic situations of...more
The closure orders issued by federal and state government authorities across the United States have resulted in the reduction and loss of income for a significant percentage of the U.S. workforce. ...more