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Third-Party Appellate Courts

K&L Gates LLP

Third-Party Litigation Funding in England and Wales Post-PACCAR: Where Are We Now?

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In our earlier alert on third-party funding (TPF) and the UK Supreme Court’s decision in PACCAR, we discussed the initial industry reaction, subsequent litigation, and legislative reform proposals (at the time, through the...more

Wiley Rein LLP

Illinois Appellate Court Holds Interrelated Wrongful Acts Provision and Prior and Pending Litigation Exclusion Bar Coverage

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The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy’s...more

Morrison & Foerster LLP - Social Media

Lawrence W. Gallick On Toth V. Everly Well, Inc.

On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

Rivkin Radler LLP

A Legal Update for the Title Insurance Industry

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Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more

Stark & Stark

Recent NJ Appellate Division Offers Guidance on Sexual Harassment of Non-Employees

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The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law...more

King & Spalding

Florida Appellate Court Holds that Bank Does Not Owe Fiduciary Duties to Customer in Connection with Lending to Third-Party

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On August 30, 2023, the Florida Third District Court of Appeal affirmed the dismissal of negligence claims against First National Bank of South Miami brought by a group of limited liability companies after a bank customer...more

Fox Rothschild LLP

Clearing the Decks While Decking the Halls

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If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more

Houston Harbaugh, P.C.

Is Deducting Fuel Costs Authorized by Your Lease?

Houston Harbaugh, P.C. on

Deducting fuel costs from landowner royalties continues to be an ongoing and widespread practice. Not only are landowners denied a royalty on the fuel gas volume, but they are also having that same “cost” deducted from their...more

Harris Beach Murtha PLLC

No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act

In Jeraci v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State Supreme Court affirmed the dismissal of a negligence claim against a defendant who...more

McGlinchey Stafford

Appeals Court Decision Potentially Up-Ends Debt Collection Practices

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The Eleventh Circuit released an Opinion on April 21, 2021, related to the Fair Debt Collection Practices Act (FDCPA), which is a must-read for all in the business of servicing loans or collecting debts. The Eleventh Circuit...more

Fox Rothschild LLP

Circuit Court: Use Of Third-Party Mailing Vendors By Debt Collectors And Creditors Violates Federal Law

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In a decision sending shockwaves through the debt-collection and mailing industries, the U.S. Court of Appeals for the 11th Circuit ruled last week that a debt collection company violated the Fair Debt Collection Practices...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

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Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Rivkin Radler LLP

The Title Reporter – Winter 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s...more

Snell & Wilmer

Nevada Court of Appeals Clarifies What Constitutes a Breach of the Peace When Repossessing Vehicles

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Most jurisdictions, including Nevada, have long-held that a secured creditor may exercise the self-help remedy of involuntary repossession of collateral provided that the repossession does not result in a breach of the peace....more

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