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Learned intermediary doctrine: Eleventh Circuit upholds summary judgment in favor of manufacturer in lawsuit claiming antidepressant caused suicide
  • Locke Lord LLP
  • USA
  • May 28 2010

The 11th Circuit Court of Appeals recently relied upon the learned intermediary doctrine in affirming summary judgment in favor of Smithkline Beecham Corp. (“SBC”) in a lawsuit claiming that the antidepressant Paxil caused the decedent to commit suicide


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


Federal Court Orders Party to Produce Copies of its Reinsurance Agreements Under Fed. R. Civ. P. 26
  • Locke Lord LLP
  • USA
  • July 27 2010

Plaintiff moved to compel production of defendant American Red Cross' reinsurance agreements


Ninth Circuit holds that infringement of patented website feature constitutes "advertising injury"
  • Locke Lord LLP
  • USA
  • April 14 2010

The Ninth Circuit recently ruled that a general liability insurer must defend its insured against a patent infringement lawsuit relating to a feature on the insured's website


Court of Appeal rules on VAT exemption for insurance intermediaries
  • Locke Lord LLP
  • United Kingdom
  • May 28 2010

The Court of Appeal handed down its judgment in Commissioners for Her Majesty's Revenue and Customs v Insurancewide


Connecticut Superior Court awards summary judgment in favor of insurer on uninsured motorist claim involving bottle-throwing pedestrian
  • Locke Lord LLP
  • USA
  • April 15 2010

The Connecticut Superior Court recently awarded summary judgment in favor of an insurer on an uninsured motorist claim involving a pedestrian who threw a bottle at the automobile driven by the plaintiff, injuring the plaintiff in the process


High Court confirms operation of the anti-deprivation principle
  • Locke Lord LLP
  • United Kingdom
  • May 28 2010

In Justin Mayhew v (1) Philip King (2) Milbank Trucks Ltd (Defendants) & Chaucer Insurance plc (Third Party and Part 20 Claimant) v Towergate Stafford Knight Company Limited & Ors Sir Edward Evans-Lombe held that a term of a settlement agreement which stated that a right to an indemnity would cease if the party with the benefit of the indemnity went into administration was contrary to the anti-deprivation principle and would be struck out


Court considers the recoverability of after the event insurance premium
  • Locke Lord LLP
  • United Kingdom
  • May 25 2010

In the case of Kris Motor Spares Limited v Fox Williams LLP 2010 EWHC 1008 the High Court was asked to consider whether the successful party's after the event insurance premium was reasonable and as such could be recovered from the other side


$30.3 million jury award in secondhand asbestos lawsuit upheld on appeal
  • Locke Lord LLP
  • USA
  • April 15 2010

In February 2008, a New Jersey jury awarded $30.3 million to the family of Mark Buttitta, who died from mesothelioma


Court of Appeal seeks guidance from Europe on an insurer's right of recovery under the Road Traffic Act 1988
  • Locke Lord LLP
  • United Kingdom
  • May 26 2010

The Court of Appeal has asked for guidance from the Court of Justice of the European Union on the compatibility with Community law of a provision in the Road Traffic Act 1988 (the RTA) governing an insurer's right of recovery