Fourth Circuit Holds that Insured Was Nominal Party that Need Not Consent to...
The U.S. Fourth Circuit Court of Appeals recently held that an insured that was a nominal party was not required to consent to a removal in a coverage action among its insurers seeking to allocate a...
View ArticleFederal Court in Florida Holds Criminal Adjudication May Establish Factual...
A federal court in Florida held that statements on the record at a criminal plea hearing and an adjudication of guilt could be used to establish the factual predicate necessary for a liability...
View ArticleFifth Circuit Upholds Appraisal Award and Affirms Summary Judgment for Insurer
The U.S. Fifth Circuit Court of Appeals recently upheld an appraisal award and dismissed an insured's extra-contractual claim maintaining that the district court was entitled to disregard modifications...
View ArticleEconomic Loss Ruling Expected to Have Minimal Impact on Florida Agents
The Florida Supreme Court recently issued its much-discussed opinion in Tiara Condominium Association, Inc., etc., v. Marsh & McLennan Companies, Inc., etc., et al. (No. SC10-1022). Strictly...
View ArticleThe Supreme Court Decision Confirming that Arbitration Agreements with Class...
In American Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S. June 20, 2013), merchants filed a class action suit against American Express under the antitrust laws. The American Express motion...
View ArticleTexas Supreme Court Allows Merit-Based Reviews of Orders Granting New Trial
On August 30, 2013, the Texas Supreme Court decided a significant case regarding whether an appellate court may conduct a merits-based review of a trial court’s order granting a new trial...
View ArticleThe Supreme Court Decision Confirming that Arbitration Agreements with Class...
In American Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S. June 20, 2013), merchants filed a class action suit against American Express under the antitrust laws. The American Express motion...
View ArticleExclusion of Expert Testimony When Opinion Not Disclosed Before Trial
A recent Mississippi Supreme Court case held that the trial court should have excluded testimony of an expert based on the fact that the expert’s theory at trial was an entirely new theory...
View ArticleEconomic Loss Ruling Expected to Have Minimal Impact on Florida Agents
The Florida Supreme Court recently issued its much-discussed opinion in Tiara Condominium Association, Inc., etc., v. Marsh & McLennan Companies, Inc., etc., et al. (No. SC10-1022). Strictly...
View ArticleTexas Supreme Court Allows Merit-Based Reviews of Orders Granting New Trial
On August 30, 2013, the Texas Supreme Court decided a significant case regarding whether an appellate court may conduct a merits-based review of a trial court’s order granting a new trial...
View ArticleThe Supreme Court Decision Confirming that Arbitration Agreements with Class...
In American Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S. June 20, 2013), merchants filed a class action suit against American Express under the antitrust laws. The American Express motion...
View ArticleSixth Circuit Finds Faulty Construction is Not an Occurrence under Kentucky Law
Reversing the decision of a federal district court in Kentucky, the U.S. Sixth Circuit Court of Appeals has held that claims against a subcontractor for faulty work in preparing a building pad did not...
View ArticleEconomic Loss Ruling Expected to Have Minimal Impact on Florida Agents
The Florida Supreme Court recently issued its much-discussed opinion in Tiara Condominium Association, Inc., etc., v. Marsh & McLennan Companies, Inc., etc., et al. (No. SC10-1022). Strictly...
View ArticleTexas Supreme Court Allows Merit-Based Reviews of Orders Granting New Trial
On August 30, 2013, the Texas Supreme Court decided a significant case regarding whether an appellate court may conduct a merits-based review of a trial court’s order granting a new trial...
View ArticleSixth Circuit Finds Faulty Construction is Not an Occurrence under Kentucky Law
Reversing the decision of a federal district court in Kentucky, the U.S. Sixth Circuit Court of Appeals has held that claims against a subcontractor for faulty work in preparing a building pad did not...
View ArticleEconomic Loss Ruling Expected to Have Minimal Impact on Florida Agents
The Florida Supreme Court recently issued its much-discussed opinion in Tiara Condominium Association, Inc., etc., v. Marsh & McLennan Companies, Inc., etc., et al. (No. SC10-1022). Strictly...
View ArticleExclusion of Expert Testimony When Opinion Not Disclosed Before Trial
A recent Mississippi Supreme Court case held that the trial court should have excluded testimony of an expert based on the fact that the expert’s theory at trial was an entirely new theory...
View ArticleTexas Supreme Court Allows Merit-Based Reviews of Orders Granting New Trial
On August 30, 2013, the Texas Supreme Court decided a significant case regarding whether an appellate court may conduct a merits-based review of a trial court’s order granting a new trial...
View ArticleThe Supreme Court Decision Confirming that Arbitration Agreements with Class...
In American Express Co. v. Italian Colors Restaurant, No. 12-133 (U.S. June 20, 2013), merchants filed a class action suit against American Express under the antitrust laws. The American Express motion...
View ArticleTexas Supreme Court Allows Merit-Based Reviews of Orders Granting New Trial
On August 30, 2013, the Texas Supreme Court decided a significant case regarding whether an appellate court may conduct a merits-based review of a trial court’s order granting a new trial...
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