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Prejudgment interest available only for compensatory damages, but not for punitive or trebled damages
  • Jorden Burt LLP
  • USA
  • June 16 2011

On March 7, 2011, we posted on an extensive decision of a District Court in a dispute over a reinsurance relationship which had not been documented in a written agreement


Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration
  • Jorden Burt LLP
  • USA
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard


"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


Class certification denied in malpractice action against plaintiffs’ class counsel
  • Jorden Burt LLP
  • USA
  • November 2 2012

The District of Arizona recently issued a favorable decision for class action defendants, holding that plaintiffs failed to meet Rule 23(b)(3)’s requirements because the class action implicated the laws of fifty states


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


Seek reinsurance with care: the reinsured bears the burden of proving coverage
  • Jorden Burt LLP
  • USA
  • August 14 2012

Reiterating that Massachusetts law requires the insured to bear the burden of demonstrating that a claim falls within a policy’s affirmative grant of coverage, the First Circuit affirmed an award of summary judgment to a Canadian reinsurer in an action in diversity brought by an American insurer seeking indemnification of amounts incurred in defending its insured against asbestos-related claims


Recent decisions in 412(i) and 419 litigation
  • Jorden Burt LLP
  • USA
  • November 21 2011

The United States District Court for the Northern District of Texas recently issued several important decisions in MDL No. 1983, a multidistrict litigation proceeding designed to address claims related to employee benefit plans created under 412(i) and 419 of the Internal Revenue Code


First Circuit clarifies standard of review, concludes that agreement mandates arbitration
  • Jorden Burt LLP
  • USA
  • March 29 2010

In this dispute between two parties to a joint venture agreement, one party filed a lawsuit and the other submitted an arbitration demand


Statutory requirement of notice to insured of non-renewal is not excused if the insured obtains replacement coverage
  • Jorden Burt LLP
  • USA
  • March 23 2010

In an unpublished disposition, a California appellate court reversed a summary judgment order as to a reinsured's claims for breach of contract and insurance bad faith where the policy period was extended by statute (California Insurance Code section 678.1) because the underlying insured was not provided with the requisite notice of non-renewal, but affirmed the summary judgment order as to the reinsured’s negligence claim


Arbitration round up
  • Jorden Burt LLP
  • USA
  • September 16 2010

Paul Green School of Rock Music Franchising, LLC v Smith, Case No 09-2718 (3d Cir Aug 2, 2010) affirming district court's confirmation of arbitration award