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Federal district court dismisses PIP class action suit

Edwards Wildman Palmer LLP
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USA
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January 2 2008

In Shenandoah Chiropractic, P.A. v. National Specialty Ins. Co., 2007 WL 4276531 (S.D. Fla. Dec. 3, 2007), the United States District Court for the Southern District of Florida recently dismissed a class action complaint, seeking declaratory relief and alleging breach of contract in relation to a claim for Personal Injury Protection (“PIP”) benefits

Delaware Court of Chancery rules that “deepening insolvency” is not a recognizable cause of action in Delaware

Edwards Wildman Palmer LLP
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USA
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January 19 2007

In Trenwick America Litigation Trust v. Ernst & Young, LLP, 906 A.2d 168 (Del. Ch. 2006), the Delaware Court of Chancery definitively weighed in on the tort claim that has become known by the popular name “deepening insolvency” when it dismissed a “deepening insolvency” claim brought by a litigation trust to recover money for the benefit of the creditors of a bankrupt estate

More open source litigation, as predicted

Edwards Wildman Palmer LLP
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USA
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December 31 2007

This article serves to alert any person in any company that distributes computer software or devices which contain software: your software may be susceptible to a copyright infringement lawsuit

Delaware Supreme Court expands upon its decision in Tooley and the distinction between a direct and a derivative claim

Edwards Wildman Palmer LLP
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USA
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January 19 2007

In Gentile v. Rossette, 906 A.2d 91 (Del. 2006), plaintiffs, former stockholders of SinglePoint Financial, Inc. (“SinglePoint”), appealed from a grant of summary judgment by the Delaware Court of Chancery which dismissed their claim for breach of fiduciary duty against SinglePoint’s former directors and its former Chief Executive Officer, Pasquale David Rossette, who also was SinglePoint’s controlling stockholder

Absent class member not entitled to privileged work-product of lead counsel

Edwards Wildman Palmer LLP
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USA
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January 2 2008

By Order dated December 27, 2007 a New York appeals court rejected an absent class member's bid to obtain the work product of lead counsel in the CA Inc. securities class action

Ohio’s highest court upholds constitutionality of statutory cap on pain and suffering damages

Edwards Wildman Palmer LLP
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USA
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January 9 2008

On December 27, 2007, the Ohio Supreme Court voted 5 to 2 to uphold the constitutionality of the state’s statutory cap on pain and suffering damages in personal injury lawsuits

Missouri district court rules that suit against insurer in liquidation can proceed in federal court

Edwards Wildman Palmer LLP
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USA
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December 28 2007

In Midwest Employers Cas. Co. v. Legion Ins. Co. (In Liquidation), No. 4:07CV870 CDP (E.D. Mo. Nov. 7, 2007), Midwest Employers Casualty Company (“MECC”) sought a declaration that the demand for arbitration from Legion Insurance Company under forty-three reinsurance contracts that did not contain arbitration clauses was null and void

Ohio Court of Appeals: consideration of extrinsic evidence is proper in determining meaning of policy wording as to aggregate limits where portions of the policy at issue are missing

Edwards Wildman Palmer LLP
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USA
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January 8 2008

The Ohio state Court of Appeals recently determined that where portions of insurance policies at the center of a dispute were missing, the lower court's consideration of extrinsic evidence in determining the meaning behind ambiguous policy wording was proper

Massachusetts High Court affirms insurance commissioner’s property and casualty insurance rate increase approval

Edwards Wildman Palmer LLP
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USA
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January 4 2008

In an opinion released yesterday, the Massachusetts Supreme Judicial Court affirmed the state insurance commissioner’s approval of proposed increases in property and casualty insurance rates

Ninth Circuit: CAFA does not override anti-removal provision of Securities Act of 1933 in subprime class action

Edwards Wildman Palmer LLP
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USA
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July 25 2008

The Ninth Circuit federal court of appeals recently held that the Class Action Fairness Act of 2005 (CAFA), which permits in general the removal to federal court of high-dollar class actions involving diverse parties, does not supersede section 22(a)’s specific bar against removal of cases arising under the Securities Act of 1933 (’33 Act

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Search results

Federal district court dismisses PIP class action suit

Delaware Court of Chancery rules that “deepening insolvency” is not a recognizable cause of action in Delaware

More open source litigation, as predicted

Delaware Supreme Court expands upon its decision in Tooley and the distinction between a direct and a derivative claim

Absent class member not entitled to privileged work-product of lead counsel

Ohio’s highest court upholds constitutionality of statutory cap on pain and suffering damages

Missouri district court rules that suit against insurer in liquidation can proceed in federal court

Ohio Court of Appeals: consideration of extrinsic evidence is proper in determining meaning of policy wording as to aggregate limits where portions of the policy at issue are missing

Massachusetts High Court affirms insurance commissioner’s property and casualty insurance rate increase approval

Ninth Circuit: CAFA does not override anti-removal provision of Securities Act of 1933 in subprime class action

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