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Delaware court: right to advancement of defense costs for defamation suit can be modified based on changes in factual circumstances

Edwards Wildman Palmer LLP
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USA
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July 28 2009

In a short letter-to-counsel opinion, Vice Chancellor John Noble of the Delaware Chancery Court held that a prior order granting advancement to two officers and directors can be modified based on changes in factual circumstances

Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed

Edwards Wildman Palmer LLP
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USA
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October 15 2010

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York

Federal court denies insured’s motion to vacate arbitration award: finds that reinsurer was not indispensable party to dispute, arbitrators had authority to award attorneys’ fees, and manifest disregard of the law is no longer viable

Edwards Wildman Palmer LLP
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USA
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September 28 2010

Plaintiffs sued their insurer, Northbrook Indemnity Company, which removed the case to federal court and moved to compel arbitration

United States Solicitor General: the convention is not preempted by the McCarran-Ferguson Act

Edwards Wildman Palmer LLP
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USA
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September 24 2010

As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq

United States Supreme Court asks for federal government's opinion on applicability of the McCarran-Ferguson Act to the New York Convention

Edwards Wildman Palmer LLP
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USA
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July 22 2010

The U.S. Supreme Court recently asked the Solicitor General to file a brief on behalf of the United States expressing its views on whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") and the federal legislation that enforces it, the Federal Arbitration Act ("FAA"), are subject to the reverse preemption provision of the McCarran-Ferguson Act

Sixth Circuit: insurer that defended insured in state court action need not defend insured in subsequent related arbitration; wording of arbitration claim precludes coverage

Edwards Wildman Palmer LLP
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USA
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July 29 2009

Earlier this month, the Sixth Circuit affirmed a district court decision granting summary judgment to a professional liability insurer where it provided a defense in a state court action but denied coverage in a subsequent related arbitration

Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration

Edwards Wildman Palmer LLP
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USA
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September 10 2009

In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge

Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions

Edwards Wildman Palmer LLP
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USA
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September 10 2009

Earlier this summer, the U.S. District Court for the Central District of California, Western Division held that an arbitrator's determination in an underlying claim triggered the intentional acts and personal profit exclusions in both a D&O and E&O policy

Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending

Edwards Wildman Palmer LLP
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USA
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December 15 2009

Plaintiff China National Chartering Corp. (“CNCC”) petitioned the U.S. District Court for the Southern District of New York to confirm an arbitration award rendered in its favor against defendant Pactrans Air & Sea, Inc. (“Pactrans”) by the China Maritime Arbitration Commission (“CMAC”

New York district court recognizes continued viability of manifest disregard of the law in the Second Circuit

Edwards Wildman Palmer LLP
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USA
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October 5 2009

Idea Nuova, Inc. moved in the U.S. District Court for the Southern District of New York to vacate or modify an arbitration award issued in favor of GM Licensing Group, Inc

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