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Results:1-10 of 2,487

Ninth Circuit Joins Sixth, Seventh, and Eighth Circuits in Declining to Impose an “Administrative Feasibility” Requirement for Class Certification
  • Carlton Fields
  • USA
  • January 9 2017

The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. (“ConAgra”) by consumers who claimed that


State Law Prohibiting Class Actions Does Not Preclude Court From Maintaining Certification and Approving Settlement Agreement
  • Carlton Fields
  • USA
  • January 6 2017

The Sixth Circuit recently affirmed approval of a class action settlement agreement, holding that “a post-settlement change in the law does not alter


Ninth Circuit applies New York law in determining assignment of rights to arbitration proceeds was not a material breach of settlement agreement
  • Carlton Fields
  • USA
  • January 5 2017

Finding the alleged breach of an anti-assignment provision in a Settlement Agreement was not material, the Ninth Circuit held that the FAA did not


Peerless, This is Not: Sixth Circuit Finds No Latent Ambiguity in Consent to Settle Requirement in Excess Policy
  • Carlton Fields
  • USA
  • January 5 2017

Disputes between policyholders and excess insurers often involve events that occurred before the underlying defense costs or indemnity payments


Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually
  • Carlton Fields
  • USA
  • January 4 2017

The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber


When Objecting Once Is Not Enough: Recognizing a Continuing Duty as the Charges and Verdict Form Evolve
  • Carlton Fields
  • USA
  • January 3 2017

On November 21, 2016, the First Circuit offered practitioners yet another reminder that, as the charges and verdict form evolve through colloquys


NY Highest Court Asked certified question on reinsurer liability cap
  • Carlton Fields
  • USA
  • January 3 2017

The Second Circuit certified to the New York Court of Appeals the question of whether its 2004 decision (Excess Insurance Co. v. Factory Mutual


Sixth Circuit affirms Ohio federal court’s ruling denying motion to compel arbitration because arbitration clause in an expired and disputed contract was not enforceable
  • Carlton Fields
  • USA
  • January 2 2017

This case involves a dispute between Shandong Linglong Tire Co. Ltd., a Chinese tire manufacturer, its Thai and U.S. subsidiaries (collectively


DOAH Strikes Proposed Rule Requiring Public Notification of "Reportable Releases"
  • Carlton Fields
  • USA
  • December 30 2016

On December 30, the Division of Administrative Hearings (DOAH) entered a final order invalidating the Department of Environmental Protection’s (DEP)


Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed
  • Carlton Fields
  • USA
  • December 29 2016

Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could