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Article

Wiley Rein LLP | USA | 24 Mar 2014

Federal Circuit patent bulletin: Brain Life, LLC v. Elekta Inc.

On March 24, 2014, in Brain Life, LLC v. Elekta Inc., the U.S. Court of Appeals for the Federal Circuit (O’ Malley, Bryson, Wallach)

Article

Wiley Rein LLP | USA | 18 Mar 2014

Insurer required to prove prejudice to deny coverage for late notice under claims-made-and-reported policy

Applying Maryland law, the United States District Court for the District of Maryland has held that an insurer must demonstrate prejudice to support a

Article

Wiley Rein LLP | USA | 3 Jan 2014

Failure to obtain consent negates coverage for settlement

The United States Court of Appeals for the Fourth Circuit, looking both to Maryland law and Tennessee law, has held that an insured's breach of a

Article

Wiley Rein LLP | USA | 8 Jul 2013

Insurer prejudiced by insured’s failure to report adverse trial court decision in underlying action

The United States Court of Appeals for the Fourth Circuit, applying Maryland law, has held that no coverage was available for a legal malpractice

Article

Wiley Rein LLP | USA | 13 Aug 2012

Insured's failure to provide notice of claim to excess insurer until after an adverse jury verdict prejudiced the excess insurer

The United States Court of Appeals for the Fifth Circuit, applying Texas law, has held that an excess insurer was prejudiced when it was not notified of a claim until after a jury verdict was entered against the insured.

Article

Wiley Rein LLP | USA | 19 Jul 2012

Insurer not required to show prejudice to deny coverage based on late notice

The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, held that a twenty-one month delay in providing notice to an insurer was unreasonable as a matter of law where the insured failed to justify such delay and that the insurer was not required to show prejudice to deny coverage.

Article

Wiley Rein LLP | USA | 17 Nov 2011

Case study: US v. SLM

On Nov. 4, 2011, the United States Court of Appeals for the District of Columbia Circuit held that under the False Claims Act's "first-to-file" rule, 31 U.S.C. 3730(b)(5), a qui tam complaint need not meet the heightened pleading standard of Federal Rule of Civil Procedure 9(b) to potentially bar a later-filed qui tam complaint.

Article

Wiley Rein LLP | USA | 9 Nov 2011

D.C. Circuit reaffirms limitations on second-to-file qui tam lawsuits - a complaint that gives the government "grounds to investigate" is sufficient to trigger the first-to-file bar

On November 4, 2011, the United States Court of Appeals for the District of Columbia Circuit held that under the False Claims Act's (FCA's) "first-to-file" rule, 31 U.S.C. 3730(b)(5), a qui tam complaint need not meet the heightened pleading standard of Federal Rule of Civil Procedure 9(b) to potentially bar a later-filed qui tam complaint.

Article

Wiley Rein LLP | USA | 20 Sep 2011

No excess coverage under Ohio law when insured settles with primary carrier for less than primary limits

The United States District Court for the Northern District of Ohio has held that an excess carrier’s policy was not triggered when the insured consummated a less-than-limits settlement with the primary carrier.

Article

Wiley Rein LLP | USA | 3 Aug 2011

Coverage barred by insureds' failure to provide timely notice of circumstances and breach of consent provision

The United States District Court for the Southern District of Florida, applying Florida law, has held that there is no coverage under a lawyers professional liability policy where the insureds failed to give the insurer timely notice of circumstances that could give rise to a claim and, alternatively, where the insureds failed to obtain express written authorization for their settlement from the insurer.

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