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Results: 1-10 of 1,254

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


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


The lesson from U.S. Bank v. Ibanez: own the mortgage sought to be foreclosed
  • Jorden Burt LLP
  • USA
  • March 30 2011

Last month, in US Bank National Association v Ibanez, the Massachusetts Supreme Court voided foreclosure judgments obtained by U.S. Bank and Wells Fargo (the Banks) because the Banks failed to show that they were holders of the mortgages at the time of the foreclosure


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


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.”


Insurer and reinsurer stipulate to dismissal of lawsuit, agreeing to arbitrate reinsurance claim dispute
  • Jorden Burt LLP
  • USA
  • February 17 2011

TIG Insurance Company ("TIG") sued Arrowood Indemnity Company ("Arrowood") in federal court for breach of a reinsurance agreement


As body shops continue to attack contracted labor rates, third-party claims become an ominous new front
  • Jorden Burt LLP
  • USA
  • March 8 2013

Auto insurers control the cost of collision repairs with direct repair programs, featuring networks of repair shops that agree to discount labor


Ninth Circuit holds that malicious prosecution and abuse of process claims are arbitrable
  • Jorden Burt LLP
  • USA
  • December 5 2012

The Ninth Circuit affirmed the district court’s grant of the motion to compel arbitration of defendant’s malicious prosecution and abuse of process claims against plaintiff that arose from a previous arbitration


Texas high court holds that stop-loss insurance sold to employee-health plans is not reinsurance
  • Jorden Burt LLP
  • USA
  • May 30 2012

The Texas Supreme Court ruled that stop-loss insurance sold to self-funded employee health benefit plans is “direct insurance in the nature of health insurance” and not reinsurance