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Carlton Fields | USA | 9 Jan 2017

Ninth Circuit Joins Sixth, Seventh, and Eighth Circuits in Declining to Impose an “Administrative Feasibility” Requirement for Class Certification

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

State Law Prohibiting Class Actions Does Not Preclude Court From Maintaining Certification and Approving Settlement Agreement

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

Peerless, This is Not: Sixth Circuit Finds No Latent Ambiguity in Consent to Settle Requirement in Excess Policy

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

Ninth Circuit applies New York law in determining assignment of rights to arbitration proceeds was not a material breach of settlement agreement

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

Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually

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

When Objecting Once Is Not Enough: Recognizing a Continuing Duty as the Charges and Verdict Form Evolve

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

NY Highest Court Asked certified question on reinsurer liability cap

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

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

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

DOAH Strikes Proposed Rule Requiring Public Notification of "Reportable Releases"

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

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

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…
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