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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
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- 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
Court of Appeal clarifies the scope of the West Tankers decision
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 22 2009
In National Navigation Co v Endesa Generacion SA 2009 EWCA Civ 1397 the Court of Appeal overturned the first instance judgment of Mrs Justice Gloster and held that the English court was bound by an earlier decision of the Spanish court to the effect that no arbitration clause was incorporated into the relevant contract
The U.S. Supreme Court grants certiorari in F-Cubed case
- Edwards Wildman Palmer LLP
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- USA
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- 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
English High Court judge blasts the spectacular failure to protect client monies by Lehman Brothers International (Europe) (LBIE), its auditors and regulators
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 17 2009
In a judgment issued on 15 December in the English High Court (Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Limited & Ors 2009 EWHC 3228), and based on assumed facts presented to him, Mr Justice Briggs described the failure by LBIE to protect client monies from the impact of insolvency as "truly spectacular" and involving "shocking underperformance"
High Court rules on avoidance and breach of warranty issues
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 17 2009
The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends
LMX spiral claims - settlement reached
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 16 2009
We have previously reported here on the English Commercial Court decision in Equitas v R&Q Reinsurance (Brandywine), handed down on 11 November 2009
Court finds that arbitration award is not final for purposes of review under the FAA
- Edwards Wildman Palmer LLP
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- USA
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- 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”
Brokers' duties
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 9 2009
In Dunlop Haywards (DHL) Ltd and Others v Barbon Insurance Group Ltd and Others 2009 EWHC 2900 (Comm), the claimant companies brought an action against the defendant insurance broker, in contract and in tort, for failing to exercise reasonable skill and care in obtaining the required excess insurance cover
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
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- Workarea - Litigation
- Firm Name - Edwards Wildman Palmer LLP
- Author - Helen Clark