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Court can deprive a successful defendant of costs following lies at trial

Edwards Wildman Palmer LLP
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United Kingdom
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December 21 2009

The Court of Appeal has ruled that it can be within a court's discretion to reduce a successful defendant's costs award by two thirds because of lies told during the trial

Civil Jurisdiction and Judgments Regulations 2009 (SI 20093131) will bring the new Lugano Convention into force in the UK on 1 January 2010

Edwards Wildman Palmer LLP
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European Union, United Kingdom
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December 21 2009

The new Lugano Convention enters into force in the European Union and Norway on 1 January 2010

NY court: insured may recover consequential damages absent insurer bad faith

Edwards Wildman Palmer LLP
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USA
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December 23 2009

On December 15, 2009, New York's Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer's breach of the policy

NERA’s 2009 year-end securities class action trends update

Edwards Wildman Palmer LLP
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USA
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December 31 2009

NERA Economic Consulting has issued its report titled: "Recent Trends in Securities Class Action Litigation: 2009 Year-End Update" (the "NERA Year-End Update"

Court examines duty to defend funeral homes accused of participation in organ harvesting

Edwards Wildman Palmer LLP
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USA
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December 23 2009

A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme

Trustees' duties in employee life assurance schemes

Edwards Wildman Palmer LLP
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United Kingdom
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January 7 2010

In Ms Jacqueline Power v (1) The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme (2) Open Text (UK) Limited 2009 EWHC 3064 (Ch), the High Court considered whether either the trustee of an employee life assurance scheme or the employer that issued the scheme was under a duty to consider the level of cover provided under the scheme and whether the trustee was under a duty to consider whether the cover was appropriate

Broadcom settles options backdating securities class action

Edwards Wildman Palmer LLP
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USA
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January 4 2010

On December 29, 2009, Broadcom announced that it had agreed in principle to pay $160.5 million to settle a securities class action pending in United States District Court for the Central District of California against the company and certain of its current and former officers and directors

Construction of termination and release agreement; claims in fraud

Edwards Wildman Palmer LLP
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United Kingdom
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December 30 2009

1) Cavell USA (2) Kenneth Edward Randall v (1) Seaton Insurance (2) Stonewall Insurance 2009 EWCA Civ 1363 concerned the construction of a termination and release agreement, which provided for English law and jurisdiction and, under clause 13, for a full release by Randall from "all actions, causes of action, suits, claims and demands whatsoever, whether at law or equity…save…(iii) in the case of fraud" on Randall's part

English High Court decides that a non-creditor can be established as a "victim" of a transaction at an undervalue

Edwards Wildman Palmer LLP
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United Kingdom
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January 7 2010

In Clydesdale Financial Services Ltd and others v Robert Smailes and others 2009 EWHC 3190 (Ch), the principal issues before the Court were whether the third claimant, Focus Insurance Company Ltd (Focus), had a real prospect of success in its claims to be, first, a creditor (under the Insolvency Act 1986) of the fifth defendant, Alexander Samuel LLP (LLP) in respect of unpaid premiums and, second, a "victim" under ss.423-425 of the Insolvency Act 1986 of the sale of LLP's business to Jiva Solicitors LLP (Jiva) effected around the same time as it went into administration

Former Tyco director settles with pension fund in opt-out action

Edwards Wildman Palmer LLP
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USA
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January 4 2010

In 2002, Tyco became embroiled in a well-publicized scandal arising out of alleged corporate looting by the company’s top management

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