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Results:1-10 of 12

Reinsurer’s request to belatedly amend “imprecise” pleading denied due to lack of diligence
  • Jorden Burt LLP
  • USA
  • September 6 2011

Employers Reinsurance Corporation was denied a request to correct “imprecise” language in its answer and counterclaim in a suit brought against it by a medical malpractice insurer for failing to fund a settlement of a lawsuit against one of the malpractice insurer’s covered physicians


Injunction issued to prevent writing or amending reinsurance risks pursuant to binding authority pending arbitration
  • Jorden Burt LLP
  • USA
  • May 31 2011

The US District Court for the Eastern District of New York recently adopted the US Magistrate's Report and Recommendation, granting United Insurance Company's Motion in Aid of Arbitration for a Preliminary Injunction.


Potential intraclass conflict does not defeat Illinois class action
  • Jorden Burt LLP
  • USA
  • May 17 2011

In Mezyk v. U.S. Bank Pension Plan (Feb. 11, 2011), the U.S. District Court for the Southern District of Illinois certified a class of over 8,000 participants in U.S. Bancorp’s pension plan.


Abuse of discretion standard of review applied to plan amendment decision
  • Jorden Burt LLP
  • USA
  • March 30 2011

As a result of a Plan amendment, a participant in a multi-employer employee benefit pension plan issued pursuant to a collective bargaining agreement (CBA), found that occupational disability benefits he had received for fifteen years were terminated.


Ninth Circuit bars shareholder suit
  • Jorden Burt LLP
  • USA
  • November 30 2010

The Ninth Circuit Court of Appeals has determined that mutual fund shareholders do not have a private right to enforce section 13(a) of the Investment Company Act of 1940 (1940 Act), which requires an investment company to obtain shareholder approval before deviating from fundamental investment policies.


Eleventh Circuit clarifies removal procedure: defendants now permitted to provide jurisdictional facts
  • Jorden Burt LLP
  • USA
  • June 15 2010

In Pretka v. Kolter City Plaza II, Inc. (11th Cir. June 8, 2010), the Eleventh Circuit Court of Appeals rectified a disturbing uncertainty introduced into the law of removals by Lowery v. Alabama Power Co., 483 F.3d 1184 (11th Cir. 2007).


Second Circuit vacates confirmation of original arbitration award; reinstates amended award
  • Jorden Burt LLP
  • USA
  • January 28 2010

Parties to a contract for the sale of steel pipe brought cross-motions to vacate, modify and correct an arbitration award conducted according the International Dispute Resolution Procedures of the AAA's International Centre for Dispute Resolution.


Eastern District of New York denies motion to amend: holds claim would be futile
  • Jorden Burt LLP
  • USA
  • September 23 2009

On August 24, 2009, the Eastern District of New York ruled on plaintiff Callon Petroleum’s motion to amend its complaint by adding a statutory claim for punitive damages based on defendant National Indemnity’s bad faith failure to make a timely payment following the submission of the bond claim in the action.


Parties stipulate to dismissal in TIG v. Century Indemnity suit
  • Jorden Burt LLP
  • USA
  • September 2 2009

We previously reported on May 20, 2009 and June 25, 2009, about TIG Insurance Company’s suit against Century Indemnity Company, which alleged that Century breached its reinsurance agreement with TIG’s predecessor-in-interest, in connection with certain reinsured losses arising from underlying Honeywell asbestos suits.


Two recent cases address reverse-preemption under the McCarran-Ferguson Act
  • Jorden Burt LLP
  • USA
  • June 2 2009

On March 15, 2007, we reported on an Oklahoma district court’s denial of a motion to compel arbitration, finding that an Oklahoma statute prohibiting enforcement of arbitration clauses in insurance contracts controlled pursuant to the McCarran-Ferguson Act.