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Results:1-10 of 43

All in good time: another court refuses to allow plaintiff to force an early resolution of insurer’s rights under a liability policy
  • Jorden Burt LLP
  • USA
  • April 4 2013

Like insurance companies, plaintiffs' class action attorneys do better when they know how to manage risk. Bringing a case to trial can involve an


Variable annuity holder granted standing to sue for excessive underlying mutual fund fees
  • Jorden Burt LLP
  • USA
  • October 30 2012

The United States District Court in New Jersey recently issued an unpublished ruling that a variable annuity holder had standing to sue for allegedly excessive management fees paid by an underlying mutual fund.


Bankruptcy Court partially grants objections arising out of captive reinsurance program
  • Jorden Burt LLP
  • USA
  • November 2 2011

Frontier Insurance, in rehabilitation, filed proofs of claim following the Chapter 11 bankruptcy of Black, Davis & Shue Agency.


Arbitration decision update
  • Jorden Burt LLP
  • USA
  • July 14 2011

Manifest Disregard: Turkey Run Properties, L.P. v. Air Structures Worldwide, Ltd., Case No. 4:09-cv-00217 (USDC M.D. Pa. June 22, 2011) (denying motion to vacate arbitration award; holding no manifest disregard; rejecting claim that award was “moot or impossible to follow” as grounds for vacatur)


Arbitration with some plaintiffs but not others denied due to risk of conflicting rulings
  • Jorden Burt LLP
  • USA
  • June 27 2011

In an action brought by twenty-three investors against a brokerage related to investment fraud by the broker, a California appellate court rejected the brokerage’s attempt to arbitrate with the twelve investors with whom the brokerage had signed client agreements and stay the court action as to the remaining investors


Claims for reimbursement should be made before initiation of lawsuit
  • Jorden Burt LLP
  • USA
  • May 17 2011

The Ohio Supreme Court recently held that where an insured never submitted a claim for reimbursement to his auto insurer, he had no standing to sue for breach of contract for the insurer's refusal to pay.


Courts on different coasts rule in “no-injury” lawsuits
  • Jorden Burt LLP
  • USA
  • March 30 2011

In Kwikset Corp v Superior Court, the California Supreme Court sent a message to the business community: "Labels matter."


Shareholders challenge underlying fund fees
  • Jorden Burt LLP
  • USA
  • November 30 2010

Observing that 36(b) of the Investment Company Act (ICA) “creates a private right of action for all ‘security holders’ in the registered investment company, including persons who possess an interest in a mutual fund that is acquired through a fund of funds,” the U.S. District Court for the Southern District of Iowa recently held that shareholders in a “fund of funds” had standing to bring excessive advisory fee claims under 36(b) on behalf of the fund’s underlying funds.


Supreme Court denies certiorari in case addressing the relationship between the McCarran-Ferguson Act and the New York Convention
  • Jorden Burt LLP
  • USA
  • October 20 2010

The United States Supreme Court denied certiorari in the Louisiana Safety Association case on October 5, 2010, leaving standing the en banc Fifth Circuit opinion described in our November 16, 2009 post.


Supreme Court torpedoes class arbitration under silent clause
  • Jorden Burt LLP
  • USA
  • July 7 2010

In a 5-3 decision, the US Supreme Court struck a major blow against class action arbitrations where the arbitration clause is "silent" as to whether the parties intended to allow class arbitration.