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Results: 1-10 of 583

Court denies Wells Fargo’s motion to dismiss on statute of limitations grounds
  • Locke Lord LLP
  • USA
  • June 10 2010

The United States District Court for the Northern District of California recently granted in part and denied in part motions to dismiss a class action brought by a class of purchasers of mortgage pass-through certificates


Massachusetts court says subrogation waiver can survive project completion
  • Locke Lord LLP
  • USA
  • September 7 2010

In a case of first impression, the Massachusetts Appeals Court has ruled that an insured's waiver of its carrier's subrogation rights can survive the completion of a construction project


CMS proposes changes to “36 month rule” for Home Health
  • Locke Lord LLP
  • USA
  • August 9 2010

In late July, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule for the Medicare Home Health Prospective Payment System (HH PPS) Rate Update for Calendar Year 2011


Jury finds in favor of botox manufacturer in off-label use trial
  • Locke Lord LLP
  • USA
  • May 28 2010

A California jury recently returned a verdict in favor of Allergan, Inc., in a trial involving claims that Allergan’s promotion of an off-label use of its drug Botox caused the death of a pediatric patient suffering from cerebral palsy


Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed
  • Locke Lord LLP
  • USA
  • October 15 2010

NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York


Presentation by Eithne McCarthy - the new Insurance Block Exemption Regulation
  • Locke Lord LLP
  • USA
  • April 22 2010

Eithne McCarthy, from the Financial Services Unit of the European Commission's Competition Directorate General (DG Comp), made a presentation on the new Insurance Block Exemption Regulation (BER) to the Law Society's Competition Section on 13 April 2010


Nevada federal judge finds no breach of contract or bad faith where insurer ceased payment to policyholders for chiropractic services following auto accident
  • Locke Lord LLP
  • USA
  • August 30 2010

A Nevada federal judge has determined that an insurer did not breach its contract or act in bad faith when it terminated payment for chiropractic services for two policyholders injured in an automobile accident


FTC requests comment on privacy framework
  • Locke Lord LLP
  • USA
  • January 25 2011

The Federal Trade Commission (the "FTC") recently released a preliminary staff report entitled Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers, proposing a normative framework for company protection of consumers' privacy (the "Proposed Framework"


Life insurer use of retained asset accounts under fire by state attorneys general
  • Locke Lord LLP
  • USA
  • August 2 2010

Spurred by media reports alleging deception by some life insurers in their use of retained asset accounts for disbursing death benefits to the beneficiaries of fallen United States military personnel and the apparent lack of oversight by federal and state regulators, New York Attorney General, and gubernatorial hopeful, Andrew Cuomo has issued subpoenas to leading life insurers regarding their alleged "reaping of hundreds of millions in secret profits while misleading families into putting benefits into insurer controlled, low yield, potentially risky accounts."


New York State Court denies motion to compel discovery of reinsurance and reserve information
  • Locke Lord LLP
  • USA
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim