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  • Article

    Rhode Island Superior Court Approves First Commutation Plan For Solvent Reinsurer Under Rhode Island’s Voluntary Restructuring Of Solvent Insurers Act

    On April 25, 2011, the Rhode Island Superior Court, per Justice Silverstein, made history by approving the first solvent commutation plan under Rhode Island’s Voluntary Restructuring of Solvent Insurers Act (Restructuring Act), GL 1956 Section 27 – 14. 15 – 1, et seq.
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Stork Craft Recalls More Than 2.1 Million Baby Cribs Due To Drop-Side Defect Which Can Lead To Infant/Toddler Entrapment

    On November 23, 2009, the U.S. Consumer Product Safety Commission (CPSC), in cooperation with Stork Craft Manufacturing, Inc., of Canada, announced the voluntary recall of more than 2.1 million Stork Craft drop-side cribs, including nearly 150,000 cribs with a Fisher-Price logo. Approximately 1.2 million of the recalled cribs were distributed in the United States.
    United States
Insurance
Cozen O'Connor
Cozen O'Connor
  • Article

    Supreme Court Of New Jersey Broadens The Defense Obligation In Emotional Distress Claims

    On June 24, 2011, the Supreme Court of New Jersey broadened the defense obligation for Portee emotional distress claims under the "bodily injury" provisions of commercial general liability policies. Portee claims, named after the 1980 Portee v. Jaffe case, may be brought by close family members who witnessed the death or severe injury of a loved one.
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Texas Supreme Court Issues Important Opinion Concerning Plaintiff's Burden of Proof In Products Liability Matters"

    The Texas Supreme Court recently issued an important opinion concerning products liability. Merck & Co. v. Garza, 2011 Tex. LEXIS 638 (Tex. 2011) stemmed from litigation involving the diet drug Vioxx.
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    The Medicare Secondary Payer Act - CMS Provides Initial Guidance On Medicare Set Asides In Liability Settlement

    On September 30, 2011, CMS, for the first time, issued guidance on the use of Liability Medicare Set-Aside Arrangements (LMSAs) related to liability insurance settlements and judgments (the Guidance).
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Under Colorado Law Insurer Must Consider Extrinsic Evidence Favorable To Coverage When Determining Its Duty To Defend

    On February 2, 2010, in a matter of first impression under Colorado law, the United States Court of Appeals for the Tenth Circuit held that an insurer has a duty to defend its insured when there are extrinsic allegations that provide a basis for coverage despite the fact that the filed complaint does not otherwise trigger an obligation to defend.
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    U.S. Supreme Court Accepts Certiorari in An Important Climate Change Case

    On December 6, 2010, the U.S. Supreme Court accepted certiorari in "American Electric Power v. Connecticut", a public nuisance case which may have broad implications on climate change litigation in the federal courts.
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    UTAH Court Of Appeals Relies On Wikipedia To Determine Common Meaning Of Term Used In Insurance Policy Exclusion

    In Fire Insurance Exchange v. Oltmanns, 2012 UT App 230 (2012), the court determined the term "jet ski" as used in an exclusion in a homeowner's policy was ambiguous, based in part on a Wikipedia definition of the term.
    United StatesInsurance
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Best Buy "Geeks" Out, Accusing Others Of Trademark Infringement

    In addition to being a trademark geek, I could be accurately accused of also being a tech geek.
    United StatesIntellectual Property
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Blue Is The New Red (Or Is Red The New Blue): Update On Louboutin's Lawsuit Against Yves Saint Laurent

    In a more recent development in the ongoing battle between high end shoe company Louboutin and high end fashion company Yves St. Laurent, Tiffany & Co. has filed papers in court in support of Louboutin.
    United StatesIntellectual Property
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Not "Sole-y" Louboutin's: Update On Louboutin's Lawsuit Against Yves Saint Laurent's Use Of Red Soles

    A New York District Court recently ruled against Christian Louboutin (louboutin court opinion.pdf), holding that Louboutin’s iconic red soles do not deserve trademark protection.
    United StatesIntellectual Property
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Supreme Court Of Canada Broadens Copyright Fair Dealing

    In five major decisions handed down this morning, resulting from cases heard in December 2012, the Supreme Court of Canada significantly broadened the definition of "fair dealing" under the Canadian Copyright Act.
    United StatesIntellectual Property
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Magistrate Judge Peck's Message To The Bar: Predictive Coding Should Be "Seriously Considered"

    Ediscoverylawreview.com first discussed this emerging issue in its blog post on February 15, 2012.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Market Capitalization Deemed More Reliable Measure Of Company Value Than Estimates Of Expert Witnesses

    In VBC LLC v. Campbell Soup Co., 482 F.3d 624, (C.A.3., Jan, 18, 2007), the United States Court of Appeals for the Third Circuit held that a company’s market capitalization several months after the spin-off from its parent provided stronger evidence of the company’s value at the time of incorporation than the estimates of the parties’ experts.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Overbroad Class Definitions: A Gateway To A Numerosity Argument

    A recent Iowa federal court decision illustrates the importance of proper class definition—and, in particular, of ensuring that only injured parties are included in the class.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Roger Clemens Trial - Jurors Question Witnesses

    Jurors in Roger Clemens’ perjury case submitted 29 questions that they want to ask the prosecution’s chief witness, Brian McNamee.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Standard Of Review In Coverage Disputes Over Policies Governed By ERISA May Be Headed To Supreme Court

    Earlier this month, the 3rd Circuit took the minority side on an issue affecting life and health insurers that appears headed for the Supreme Court.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Steve Martin The Juror - New Federal Jury Instructions On Social Media

    Actor Steve Martin, while on jury duty, tweeted the following to 380,000 fans:
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    Supreme Court to Review Grant Of Certification In Comcast Class Action

    The Supreme Court will delve further next term into the interplay between class certification and rulings on the merits, reviewing the Third Circuit’s affirmance of class certification in an antitrust suit against Comcast.
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • Article

    5th Amendment Self-Incrimination & Computer Encryption Passwords

    Computer encryption software is no longer for the technologically advanced.
    United StatesMedia, Telecoms, IT, Entertainment
    Cozen O'Connor
    Cozen O'Connor
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