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Results: 1-10 of 1,254

The Westphal shocker: how did a Florida court decide that a 19-year-old limit on workers’ compensation benefits is unconstitutional? Is substantive due process back?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 4 2013

In Westphal v. City of St. Petersburg, No. 1D12-3563 (Fla. Ct. App. Feb. 28, 2013), a Florida appellate court recently ruled that a 2-year limit on

Revisiting AT&T v. Concepcion: can you hear me now?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 6 2012

Approaching the one-year anniversary of the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), it is noteworthy that the Court has felt it necessary to reiterate its holding, as courts have interpreted it more narrowly than was intended

Unavailability of a designated arbitration forum does not provide an impossibility defense

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 13 2013

On appeal, a circuit court's denial of a motion to compel arbitration was reversed for several reasons. First, the circuit court erred by allowing

"Reinsurance accepted” clause interpreted to define maximum exposure, including expenses

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 5 2010

A court has found that a reinsurer's (Global Reinsurance Corporation of America) maximum exposure under a facultative certificate is $1 million dollars, inclusive of expenses

Arbitration award roundup

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 27 2013

Following is a summary of selected court opinions addressing requests for confirmation and vacation of arbitration awards. Manifest disregard

Federal judges in Brooklyn are making it easier to pursue fraud claims against no-fault medical providers

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 8 2013

The Eastern District of New York, which includes the New York City Boroughs of Brooklyn and Queens, has been home to some of the most colorful

Court dismisses all claims in private mortgage reinsurance “kickback” scheme RESPA suit

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 30 2013

As we reported yesterday , a number of suits in recent years have been filed challenging lender and insurer practices regarding private mortgage

Courts may still be expanding coverage for liability of computer hacking victims

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 4 2012

Large retailers and other traditional businesses face significant risks for failure to secure their customers' credit card information

Supreme Court torpedoes class arbitration under silent clause

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 7 2010

In a 5-3 decision, the US Supreme Court struck a major blow against class action arbitrations where the arbitration clause is "silent" as to whether the parties intended to allow class arbitration

Ninth Circuit nixes consent of all defendants for CAFA removal

  • Jorden Burt LLP
  • -
  • USA
  • -
  • March 16 2009

In United Steel Workers v.Shell Oil Co., the Ninth Circuit recently held that, in cases with multiple defendants, CAFA entitles one defendant to remove an entire action