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Article

Traub Lieberman Straus & Shrewsberry LLP | USA | 14 Jul 2011

Michigan court holds no coverage under successive UST policies

In its recent decision Webb Operating Co. v. Zurich American Ins. Co., 2011 U.S. Dist. LEXIS 73675 (E.D.Mich. July 8, 2011), the United States District Court for the Eastern District of Michigan had occasion to consider whether an insured under a series of consecutive claims made and reported underground storage tank policies was entitled to coverage for remediation costs where it failed to report the “claim” during the proper policy period.

Article

BDB Pitmans LLP | United Kingdom | 23 Jun 2011

Unfair prejudice to landlords & ‘guarantee stripping’ in company voluntary arrangements (CVAs)

A CVA was introduced as one of the rescue arrangements under the Insolvency Act 1986.

Article

Wiley Rein LLP | USA | 8 Jun 2011

Untimely notice not bar to coverage where insurer could not prove actual prejudice

The United States District Court for the Eastern District of Texas has held that an excess insurer did not prove that it was sufficiently prejudiced by the insured’s late notice of a claim to justify a denial of coverage.

Article

Gowling WLG | Canada | 1 Jun 2011

Varco Canada Limited v. Pason Systems Corp., 2011 FC 467, (April 15, 2011) motion to reopen trial to admit new evidence

On April 15, 2011, Justice Phelan granted a motion to re-open the trial of a patent infringement action in Varco Canada Limited v Pason Systems Corp. 2011 FC 467 in order to admit new evidence.

Article

Greenberg Traurig LLP | European Union | 26 May 2011

ECJ rules on classification of set-top box and overrules Explanatory Notes to the Combined Nomenclature

On April 14, the ECJ provided its judgment in joined cases C-28809 and C-28909.

Article

LK Shields | Ireland | 26 May 2011

Alternative dispute resolution in employment disputes

As the volume of employment claims increases, so too do the inevitable delays in resolving those claims

Article

Porter Wright Morris & Arthur LLP | USA | 19 May 2011

Supreme Court time travels with an ERISA case

Supreme Court decisions about ERISA cases, while infrequent, typically contain some surprises, as demonstrated most recently in CIGNA Corp. v. Amara.

Article

Norton Rose Fulbright LLP | Australia | 9 May 2011

Recent MSW information access and privacy developments

The NSW Office of the Information Commissioner (OIC) was established as part of the new right to information system in NSW.

Article

Gowling WLG | United Kingdom | 21 Apr 2011

Final order not revoked because of lack of legal advice

The courts do have the jurisdiction to revoke final orders but the party seeking the revocation will have an uphill battle.

Article

Gowling WLG | Canada | 14 Apr 2011

The powerful effect of informal offers

The Alberta Court of Appeal addressed the effect of without prejudice offers in Mahe v. Boulianne.