U.S. Eleventh Circuit Court of Appeals

This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant...

Citing the recent United States Supreme Court decision in Epic Systems Corp. v. Lewis, a panel of the Ninth Circuit Court of Appeals rejected the argument that an arbitration agreement was invalid ...

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review.

The United States and the European Union have agreed on the final wording of a Covered Agreement which covers several topics, including the provision of collateral by foreign reinsurers.

Carlton Fields defended real estate developer Apeiron Miami, LLC in litigation brought to prevent our client from maintaining, operating, and developing its own property.

The Ninth Circuit, in an unpublished opinion, has found that a contract, and therefore an arbitration clause within it, was unenforceable due to fraud in the inception, despite the fact that both parties had ample opportunity to review the contract in its entirety.

Plaintiff AGL Industries, Inc. (AGL), a steel fabrication and erection business, enrolled in a workers' compensation insurance policy with Defendant Continental Indemnity Company and a reinsurance participation agreement (RPA) with Defendant Applied Underwriters Captive Risk Assurance Company, Inc. After Continental canceled the workers' compensation insurance policy, ...

The bill defines a dormant captive insurance company as one that (1) did not contract for any direct premium or reinsurance premium for a full calendar year, (2) is not obligated as an insurance company under any contract of insurance or reinsurance during any year it is a dormant captive, and (3) has provided written notice to the Commissioner of its intent to be a dormant captive.

On May 4, 2017 Montana enacted a new law that will remove the requirement that reciprocal captive insurers have 25 or more persons domiciled in Montana.

Effective July 24, 2018, New Mexico adopted the NAIC Credit for Reinsurance Model Regulation. New Mexico adopted the Model Rule as "part of a broad effort to modernize reinsurance regulation ...

This case was previously reported by us on April 30, 2018. As we previously reported, on March 20, 2018, a New York federal court largely denied the motions for summary judgment of both plaintiff...

This case was previously reported by us on April 30, 2018.

Rhode Island has amended its laws related to voluntary restructuring of insurers and protected cell companies to allow for domestic insurance companies to enter into a voluntary restructuring...

Rhode Island adopted the NAIC Credit for Reinsurance Model Regulation in 2014.

A municipality sued the company that constructed its water treatment facility, in connection with contaminants found in the water supply. The parties had entered into a series of agreements which contained choice of law and arbitration clauses governing the resolution of any disputes.

With respect to the grant of attorney's fees, the Ninth Circuit vacated the award as an abuse of discretion, finding that the district court granted Smagin's request for attorney's fees without entering any finding on bad faith.

Pioneer Roofing Organization (PRO) appealed an order from a federal district court granting summary judgment in favor of Sheet Metal Workers' Local Union No. 104 on PRO's petition...

A former bond trader for Odeon Capital Group obtained an arbitration award against Odeon for $1,102,193.00 on a claim for unpaid wages. Odeon then brought a petition to vacate the award on the ground of fraud, contending that the bond trader committed perjury at arbitration by falsely stating that no FINRA investigations into his business were then ongoing.

The Ninth Circuit Court of Appeals joined the Second, Third and Fourth Circuits in so holding.