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Results: 1-10 of 1,254

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


"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


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


No res judicata effect for unconfirmed arbitration award
  • Jorden Burt LLP
  • USA
  • May 31 2012

The Greers entered into a contract with Town Construction for construction of their home


Failure to demonstrate “materiality” sinks TILA rescission claim
  • Jorden Burt LLP
  • USA
  • March 30 2011

In Bonte v US Bank, the Seventh Circuit Court of Appeals affirmed dismissal of TILA claims for mortgage rescission because the plaintiffs failed to demonstrate how the allegedly misstated charges constituted "material" disclosures


Third Circuit: TCPA does not divest federal court of jurisdiction under CAFA
  • Jorden Burt LLP
  • USA
  • August 18 2011

In Landsman & Funk PC v. Skinder-Straus Associates, a split Third Circuit Court of Appeals panel on a consolidated appeal of three class actions held that the Class Action Fairness Act (CAFA) provides diversity jurisdiction over plaintiffs’ private Telephone Consumer Protection Act (TCPA) claims


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


New York law applies to all claims in the Midland Insurance Company liquidation proceeding
  • Jorden Burt LLP
  • USA
  • March 17 2010

In this long-running legal saga surrounding the liquidation of Midland Insurance Company ("Midland"), the Superintendent of Insurance, Midland's reinsurers, and certain major policyholders stipulated to a case management order for determining the issue of whether New York substantive law controlled the interpretation of the Midland insurance policies at issue or whether the New York choice-of-law test must be conducted for each policy to determine the applicable substantive law


Oregon Supreme Court addresses attorneys' fees for appellate proceedings in class action over automated review of medical bills
  • Jorden Burt LLP
  • USA
  • March 12 2013

Strawn v. Farmers Insurance Co. of Oregon is a class action that challenged the insurer's use of automated bill review systems to determine the


Court refuses subject matter jurisdiction to review arbitration award, since the value of the award was less than the court’s jurisdictional amount
  • Jorden Burt LLP
  • USA
  • January 5 2009

A dispute arose between Hansen Beverage Company and DSD Distributors over a distribution agreement