Carlton Fields | USA | 9 Jan 2017
The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. (“ConAgra”) by consumers who claimed that…
Carlton Fields | USA | 6 Jan 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…
Carlton Fields | USA | 5 Jan 2017
Disputes between policyholders and excess insurers often involve events that occurred before the underlying defense costs or indemnity payments…
Carlton Fields | USA | 5 Jan 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…
Carlton Fields | USA | 4 Jan 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…
Carlton Fields | USA | 3 Jan 2017
On November 21, 2016, the First Circuit offered practitioners yet another reminder that, as the charges and verdict form evolve through colloquys…
Carlton Fields | USA | 3 Jan 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…
Carlton Fields | USA | 2 Jan 2017
This case involves a dispute between Shandong Linglong Tire Co. Ltd., a Chinese tire manufacturer, its Thai and U.S. subsidiaries (collectively…
Carlton Fields | USA | 30 Dec 2016
On December 30, the Division of Administrative Hearings (DOAH) entered a final order invalidating the Department of Environmental Protection’s (DEP)…
Carlton Fields | USA | 29 Dec 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…