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Eighth Circuit dismisses action against insurer; no duty to defend actionable camouflage apparel odor-performance representations
- Shook Hardy & Bacon LLP
- -
- USA
- -
- December 13 2012
The Eighth Circuit Court of Appeals has affirmed a district court’s grant of summary judgment in favor of an insurance company which sought a declaration that it had no duty to defend or indemnify a camouflage clothing manufacturer that was sued for misrepresenting the odor-eliminating performance of its products
Scotus agrees to review case presenting jurisdictional question under CAFA
- Shook Hardy & Bacon LLP
- -
- USA
- -
- September 13 2012
The U.S. Supreme Court has agreed to hear argument in a case involving whether a named plaintiff in a putative class action may defeat federal jurisdiction under the Class Action Fairness Act by stipulating that damages for the class, including those for absent putative class members, are less than the $5-million threshold
Malpractice policy for Fen-Phen counsel properly rescinded
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 26 2012
The Sixth Circuit Court of Appeals has determined that an insurance company was entitled to rescind the malpractice policy that covered one of the plaintiff’s lawyers successfully sued for millions of dollars for malpractice related to the settlement of a class action involving the diet drug Fen-Phen
Federal court disallows third-party insurance claims for environmental costs; Iqbal and Twombly implicated
- Shook Hardy & Bacon LLP
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- USA
- -
- April 28 2011
A federal court in California has ruled that an insurance company cannot recover payments made to a policyholder for environmental response costs as a matter of federal law, except in certain limited circumstances
Pennsylvania lawmakers poised to abolish joint-and-several liability
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 14 2011
The Pennsylvania House of Representatives has reportedly passed a bill (H.B. No. 1) that would change the way damages are awarded in most civil lawsuits
Seventh Circuit clarifies CAFA amount-in-controversy standard
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 14 2011
Because a potential punitive damages award in litigation removed to federal court under the Class Action Fairness Act (CAFA) could bring the total damages above the law's $5 million amount-in-controversy minimum, the Seventh Circuit Court of Appeals has determined that the federal courts have jurisdiction over the matter
Insurance coverage dispute dismissed, one cent short of jurisdictional minimum
- Shook Hardy & Bacon LLP
- -
- USA
- -
- February 17 2011
The Sixth Circuit Court of Appeals has vacated a lower court's dismissal of claims that were improperly removed from state court because the potential damages at issue were "one penny short of our jurisdictional minimum."
California high court agrees to consider impact of private health insurance on economic damages
- Shook Hardy & Bacon LLP
- -
- USA
- -
- March 18 2010
The California Supreme Court has decided to hear a case asking whether a personal injury plaintiff may "recover as economic damages an amount exceeding what his or her private health insurance has paid and the relevant healthcare provider has accepted as payment in full for medical services."
Current Search
- Jurisdiction - USA
- Workarea - Insurance & Reinsurance
- Author - Gary Long