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Chinese drywall Judicial Panel on Multi-District Litigation rules that matter involving North American manufactured drywall should not be transferred to Chinese Drywall MDL
- Edwards Wildman Palmer LLP
- -
- USA
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- December 30 2009
On December 2, 2009 the Judicial Panel on Multi-District Litigation ("JPML") ruled that an action alleging damage from North American manufactured drywall should not be transferred to the federal Chinese Drywall Multi-District Litigation ("MDL") pending in the Eastern District of Louisiana (In Re: Chinese-Manufactured Drywall Product Liability Litigation, MDL No.2047
The U.S. Supreme Court grants certiorari in F-Cubed case
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 22 2009
On November 30, 2009, the United States Supreme Court granted certiorari to hear the appeal of a Second Circuit Court of Appeals decision affirming the dismissal of an "F-Cubed" securities class action -- i.e., a securities class action brought by foreign investors who purchased shares in a foreign company on a foreign stock exchange -- on subject matter jurisdiction grounds
Court finds that arbitration award is not final for purposes of review under the FAA
- Edwards Wildman Palmer LLP
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- USA
- -
- December 15 2009
Petitioners Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (“Mitsubishi”) moved to vacate a partial arbitration award entered by the International Centre for Dispute Resolution in favor of Respondent Stone & Webster, Inc. (“Stone & Webster”
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”
In American Bar Association v. Federal Trade Commission, federal court prohibits FTC from enforcing Red Flags Rule against attorneys
- Edwards Wildman Palmer LLP
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- USA
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- December 7 2009
Judge Reggie B. Walton of the United States District Court for the District of Columbia recently granted an injunction sought by the American Bar Association (“ABA”) that prohibits the Federal Trade Commission (“FTC”) from enforcing the Red Flags Rule against attorneys
NY appellate court affirms motion court’s dismissal of complaint seeking defense costs under directors' and officers' errors and omission policy for investigations that resulted in disgorgement of improperly acquired funds
- Edwards Wildman Palmer LLP
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- USA
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- December 2 2009
On December 1, 2009, the New York Appellate Division, First Department, unanimously affirmed Justice Marcy S. Friedman’s March 10, 2009 Decision and Order (entered March 13, 2009, Supreme Court, New York County), dismissing Millennium’s complaint as against defendant Select Insurance Company
California federal court rules that “insured v. insured” exclusion does not preclude insurer’s payments of defense costs in claim brought jointly by insureds and non-insureds
- Edwards Wildman Palmer LLP
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- USA
- -
- December 1 2009
The United States District Court for the Northern District of California, applying California law, has held that an “insured v. insured” clause exclusion in a D&O policy for claims asserted by an insured against an insured did not preclude the insurer from paying for the entire defense costs incurred by insured and non-insured claimants
Connecticut Superior Court held that home seller’s misrepresentation regarding lead paint constituted “occurrence” and insurer had a duty to defend
- Edwards Wildman Palmer LLP
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- USA
- -
- December 1 2009
A Connecticut Superior Court recently awarded summary judgment against an insurer on the basis that a home seller’s misrepresentation regarding the existence of lead paint in the home constituted an "occurrence" under her insurance policy and, therefore, the insurer had a duty to defend the seller in a lawsuit alleging negligent misrepresentation and was liable for paying the stipulated judgment agreed to by the parties
Colorado district court denies insurer’s motion for summary judgment and finds issues of fact as to reasonableness of insurer’s denied claim for uninsured motor vehicle coverage
- Edwards Wildman Palmer LLP
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- USA
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- December 1 2009
In Eppich v. State Farm Mutual Automobile Insurance Company, No. 08-CV-01697-PAB-MEH (Sept. 30, 2009), the United States District Court for the District of Colorado held that an insurer failed to meet its burden on summary judgment of establishing that an accident caused by a motorcycle that was not "street legal" at the time it struck and injured a woman riding her bicycle on a trail fell within an uninsured motorist coverage’s exclusion for "land motor vehicles . . . designed for use mainly off public roads."
Accountants seek injunction to bar FTC Red Flags Rule enforcement
- Edwards Wildman Palmer LLP
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- USA
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- November 24 2009
On November 10, 2009, the American Institute of Certified Public Accountants ("AICPA") filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of its nearly 350,000 certified public accountant members against the Federal Trade Commission (“FTC”) to seek an injunction barring the FTC from applying its Red Flags Rule to AICPA members
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- Jurisdiction - USA
- Workarea - Litigation
- Author - Jeanne Kohler
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- Author - Helen Clark