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  • Article

    New York Federal Court Curbs 30(B)(6) Topics And Quashes Non-Party Seeking The Same Testimony

    Defendants wanted to examine GEICO's Rule 30(b)(6) witness about GEICO's special investigation unit practices, protocols and guidelines, as well as its resources and procedures devoted to claim verification...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Confirms Arbitration Award Challenged For Lack Of "Reasoned Opinion"

    Petitioner Daniel Olson brought an action in federal court seeking vacatur of an award against him in arbitration of an employment dispute.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Pennsylvania Federal Court Grants Motion To Dismiss Based On Lack Of Subject Matter Jurisdiction

    Plaintiff RAD Manufacturing, LLC ("RAD"), a Delaware corporation with its principal place of business in Pennsylvania, and its insurer and reinsurer (as subrogees) brought an action in federal court...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Prospects Fade for NAIC Unclaimed Life Insurance and Annuities Model Act

    This amendment passed by a one vote margin, 7-6, with the Working Group Chair breaking an initial tie.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    SEC Whistleblower Awards To Insurance Department Employees?

    Many federal, state, and local governmental employees may be eligible for awards pursuant to the SEC's whistleblower program under the Dodd-Frank Act.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Seventh Circuit Affirms Insurer's Duty To Pay Policy Proceeds Under Wisconsin Statute

    In U.S. Bank Nat. Ass'n v. Sun Life Assur. Co. of Canada, the Seventh Circuit, applying Wisconsin law, recently affirmed that an insurer may not void a life insurance policy solely on grounds that...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    STOLI Policies Cancelled, Insurers Retain Premium

    Two federal appellate courts have affirmed, on different grounds, the cancellation of large life insurance policies that were alleged to be stranger originated life insurance, permitting the issuing insurers...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Summary Judgment Win for Insurer in "Stable Value" Interest Rate Setting Case

    In July, MetLife obtained a win in the Northern District of Illinois when the court granted summary judgment in its favor on a claim that it had breached the duty of good faith and fair dealing in setting interest rates for a retirement plan.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Tennessee Revises Rules Regarding Captive Insurance Companies

    The Tennessee Department of Commerce and Insurance has substantially revised its rules for captive insurance companies.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Appellate Court Upholds Arbitration Award In Face Of Manifest Disregard Of Law And Public Policy Arguments

    An arbitration panel entered an award in a legal malpractice matter in favor of the claimant and the attorneys and law firm moved to vacate the award.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Court Compels Arbitration Of Non-Signatory Party Seeking To Recoup Damages Flowing From Contract Containing Arbitration Clause

    A federal district court has required Scottsdale Insurance Company to arbitrate a claim against Kinsale Insurance Company based on an arbitration clause in a contract between Kinsale...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Cryptocurrency Theft Class Not Estopped From Avoiding Enforcement Of Arbitration Clause Under Either California Or Florida Law

    The Eleventh Circuit recently affirmed the denial of a motion to compel arbitration based on equitable estoppel in a putative class action by victims of a cryptocurrency exchange website CEO's theft of money derived...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Delegation Clause Must Clearly Contemplate Arbitrability Of Disputes With Non-Signatories To Be Enforced In Those Disputes

    A delegation clause that gave the arbitrators "exclusive jurisdiction over the entire matter in dispute, including any question as to its arbitrability," was found insufficient to require submission to the arbitrators ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Eighth Circuit Holds That Question Of Class Arbitration Is For Courts, Not Arbitrators, To Decide

    In this case, the question presented was whether a court or an arbitrator should determine whether an arbitration agreement authorizes class arbitration. The U.S. Supreme Court has not yet resolved this issue.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    English Court Holds That Discovery Given By U.S. Citizen Pursuant To A 28 U.S.C. § 1782 Order Can Be Used In London Arbitrations

    This English court case involved arguments by Dreymoor Fertilisers Overseas Pte. Ltd. ("Dreymoor"), a Singapore trading company, to prevent EuroChem Trading GmbH ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Federal Court Has Subject-Matter Jurisdiction To Decide Petition To Compel; Determines Party Did Not Waive Arbitration By Agreeing To Mediation

    Despite a pending motion to compel arbitration in state court, a party (MetLife) petitioned a Tennessee district court under the Federal Arbitration Act for the same relief.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Federal District Court Declines To Rule On Arbitration Award, Finding No Independent Basis For Jurisdiction

    Following arbitration, the parties filed cross-motions to confirm and vacate the arbitration award. The District Court for the Southern District of California issued an order to show cause...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    First Circuit Affirms Denial Of Motion To Compel Arbitration Of Non-Signatory Employee's Wage And Hour Claims

    As a condition of plaintiff Ouadani's employment with defendant TF Final Mile LLC (f/k/a/ Dynamex Operations East, LLC (Dynamex)) as a delivery driver, Ouadani was required to associate...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Food For Thought: Starbucks Defeats Icy Class Action

    This decision comes on the heels of another proposed class action that Starbucks defeated in January
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Fourth Circuit Affirms Finding That Arbitration Agreement In Payday Loan Obtained Over The Internet Is Unenforceable

    Plaintiff electronically signed a contract which contained: (1) terms governing the loan; (2) an agreement to submit disputes to arbitration; and (3) a choice of law provision which required the...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields

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