We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 1,254

"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


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


Two recent decisions address whether prejudgment relief is available in arbitration proceedings
  • Jorden Burt LLP
  • USA
  • January 16 2013

The first decision involved reconsideration of an interim arbitration award of prejudgment security that the court initially refused to confirm as a


TILA disclosures must be “clear and conspicuous”
  • Jorden Burt LLP
  • USA
  • September 7 2009

In Barrer v. Chase Bank USA, the Ninth Circuit recently explained that disclosures in credit card agreements must be “clear and conspicuous” to comply with the Truth in Lending Act


Arbitrators’ disregard of Cuban Assets Control Regulations is ground for setting aside award
  • Jorden Burt LLP
  • USA
  • October 7 2009

A court has vacated a FINRA arbitration award on the ground that the arbitrators exhibited manifest disregard of controlling law


What duty does a primary insurer owe to an excess carrier?
  • Jorden Burt LLP
  • USA
  • February 15 2013

A primary liability carrier usually owes no duty to excess insurers, even though those insurers bear the cost of excess judgments. If the primary


Civil subpoenas issued by arbitrator against out-of-state nonparties held unenforceable
  • Jorden Burt LLP
  • USA
  • April 18 2012

The Colorado Supreme Court vacated a district court’s order enforcing subpoenas issued by an arbitrator against out-of-state nonparties


Multi-state unjust enrichment class actions held to be improper
  • Jorden Burt LLP
  • USA
  • December 2 2009

In Muehlbauer v. General Motors, the U.S. District Court for the Northern District of Illinois recently ruled that “multi-state class actions for unjust enrichment are inappropriate because the individual states’ laws regarding unjust enrichment are too nuanced to lend themselves to class treatment.”


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