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District court confirms reinsurance arbitration award against two Brazilian companies

Jorden Burt LLP
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Brazil, USA
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July 30 2012

Several developments have occurred in the ongoing reinsurance dispute between Aurum Asset Managers and several Brazilian companies

Second Circuit finds no direct action right against reinsurer

Jorden Burt LLP
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USA
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July 18 2012

The Second Circuit handed down a summary order affirming the dismissal of Callon Petroleum’s complaint in a reinsurance dispute against National Indemnity

Fourth Circuit: state statute does not reverse preempt federal law

Jorden Burt LLP
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USA
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July 16 2012

The Fourth Circuit issued an opinion “preserving the United States’ ability to speak with one voice” in regulating foreign arbitrations

Eleventh Circuit affirms district court’s decision that arbitral panel was “foreign” for purposes of discovery statute

Jorden Burt LLP
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USA
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July 5 2012

On an appeal arising out of a foreign shipping contract billing dispute between Consorcio Ecuatoriano de Telecomunicaciones S.A. and Jet Air Service Equador S.A., the Eleventh Circuit held that the arbitral tribunal before which the dispute is pending is a foreign tribunal for purposes of 28 U.S.C. 1782’s discovery rules

Court grants declaration in favor of Lexington Insurance; parties subsequently settle

Jorden Burt LLP
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USA
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June 20 2012

Several important developments have occurred in a reinsurance dispute we last reported on in a September 27, 2011 post

Motion to dismiss claim for breach of confidentiality agreement in reinsurance arbitration denied

Jorden Burt LLP
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USA
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June 18 2012

INA Reinsurance recently moved to dismiss or to stay an action initiated by Utica Mutual Insurance arising out of the alleged breach of three confidentiality agreements, including one entered as an order in the parties’ pending reinsurance arbitration

Captive reinsurance litigation stayed pending Supreme Court decision

Jorden Burt LLP
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USA
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June 7 2012

A putative class action against HSBC and its affiliates asserting violations of the Real Estate Settlement Procedures Act of 1974 was stayed in part pending the outcome of First American Financial Corp

Motion to set aside discovery order on loss reserves denied

Jorden Burt LLP
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USA
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June 5 2012

In the latest development in the ongoing litigation between Granite State Insurance Company and Clearwater Insurance Company, Granite unsuccessfully moved to set aside a magistrate judge’s discovery order

Annuity class action update

Jorden Burt LLP
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USA
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June 4 2012

The vigorous annuity class action arena recently spawned two federal court decisions favorable to defendant insurers

Ninth Circuit: no immediate appeal of interim stay and order compelling submission of dispute to referee

Jorden Burt LLP
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USA
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May 24 2012

The Ninth Circuit recently issued an opinion on an issue of first impression whether an order compelling enforcement of a contractual agreement to submit a dispute to a referee, and staying proceedings in the interim, is immediately appealable

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