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PFAS, also known as Per-and poly-fluoroalkyl substances can be found in numerous industrial products. In South Carolina, United States District Court Judge Gergel presides over the PFAS multidistrict litigation (MDL). The MDL...more
Per- and poly-fluoroalkyl substances, commonly known as PFAS, have served as a key component in numerous industrial and consumer products for decades. These “forever chemicals,” which have been associated with environmental...more
The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more
Few courts have yet decided insurance coverage issues in litigation involving per- and poly-fluoroalkyl substances (PFAS). But yesterday, in Crum & Forster Specialty Insurance Company v. Chemicals, Inc., No. H-20-3493, 2021...more
In the wake of government shutdowns necessitated by the COVID-19 pandemic, insureds filed business-interruption and other claims with their commercial-liability insurers. As insurers denied those claims, insureds filed suit,...more
The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S.,...more
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
This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more
The Panel on Multidistrict Litigation has rejected efforts to centralize pretrial proceedings in actions in Pennsylvania and Illinois seeking insurance coverage for business interruption losses resulting from COVID-19. The...more
The Joint Panel on Multidistrict Litigation declines petitions for an industry-wide MDL, but will consider four insurer-specific MDLs. In declining the petitions for an industry-wide MDL, the panel concluded that the...more
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
As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more
Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more
This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more
Last week, two businesses, Newchops Restaurant Comcast LLC and LH Dining LLC, asked the U.S. Judicial Panel on Multidistrict Litigation (MDL) to set up an MDL before a judge in the Eastern District of Pennsylvania to address...more
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
In their lawsuits for insurance coverage, two businesses, Newchops Restaurant Comcast LLC and LH Dining LLC, asked the U.S. Judicial Panel on Multidistrict Litigation (MDL) to set up an MDL before a judge in the Eastern...more
On January 25, the Texas Supreme Court issued a unanimous ruling in the case of Anadarko Petroleum Corp. and Anadarko E&P Co. v. Houston Cas. Co., et al., characterized as an “interlocutory permissive appeal,” reversing the...more
The 2012 Macondo Well blowout and Deepwater Horizon rig explosion gave rise to a slew of lawsuits. Our subject today is one of them. ...more
On September 7, the Eleventh Circuit Court of Appeals handed a big victory to a class of auto body shops in Quality Auto Painting v. State Farm, et. al, reversing a lower court decision that had dismissed the auto body shops'...more
In a 2-1 decision issued on September 7, 2017, the Eleventh Circuit reversed a district court decision dismissing antirust claims brought by auto body shops against a group of car insurance companies in the In re Auto Body...more
When (if ever) are an insurer’s attorney’s fees and billing information discoverable in a coverage dispute? Though the question is straightforward, the answer can vary from case to case and jurisdiction to jurisdiction. The...more
In a hotly contested 4-3 decision, the California Supreme Court in Bristol-Myers Squibb Company v. The Superior Court of San Francisco County, 2016 WL 4506107 greatly expanded the concept of specific jurisdiction to allow a...more
Verisk/EagleView Merger Derailed by FTC Challenge - On December 16, Verisk Analytics, a leading provider of data analytics and related services to the insurance industry, including rooftop aerial measurement products,...more