The court also considered Munich's motion to preclude certain testimony by Utica's expert witnesses regarding trade usage and custom and practice in the reinsurance industry.

The SEC staff issued an April 12 letter addressing broker-dealer contracts with third-party recordkeeping service providers under which the service provider can delete or discard records of a broker-dealer who fails...

Applied Underwriters Captive Risk Assurance Company appealed from the denial of its motion to compel arbitration in a dispute related to a reinsurance participation contract...

South Carolina passed new legislation making numerous and streamlining changes to its captive insurance law.

A California jury recently returned a verdict in favor of MassMutual following a 12-day trial in a state-court class action that claimed the insurer failed to pay dividends owed to policy owners.

On November 7, 2017, the Commissioner of Insurance for the State of Wisconsin issued an order approving a new rule to be added to Section Ins. Ch. 52, Wis. Adm. Code. The rule is intended to modernize Wisconsin's credit for reinsurance provisions by aligning them with the Nonadmitted and Reinsurance Reform Act of 2010 and amendments to the NAIC Credit for Reinsurance Model Law.

On March 21, 2017, the USPTO implemented changes to its requirements for continued use of trademarks in commerce that will require some trademark owners to provide additional materials...

The Eleventh Circuit recently held that a district court retained jurisdiction over a motion to confirm an arbitral award, even though the plaintiff had voluntarily dismissed its claims...

The Ninth Circuit recently denied relief on a petition for a writ of mandamus regarding an alleged erroneous transfer of a class action, despite agreeing with the petitioner that transfer was improper.

Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent's president, asserting that he had not been fired...

Imagine a trial judge is trying to move things along at a charge conference. An issue arises, trial counsel begins to voice objections, and the judge short-circuits the discussion by saying, "Your rights are saved on the issue."

Plaintiff argued both the delegation clause and the arbitration provision of the agreement at issue were unconscionable, requiring the trial court to resolve the merits of the challenge, which it did not.

The Sixth Circuit recently reversed a decision by the District Court for the Western District of Tennessee ordering arbitration in a putative class action lawsuit.

The Central District of California district court recently weighed in on the limits of mass action jurisdiction under the Class Action Fairness Act (CAFA).

The court applied a two-part "intertwined-ness test" to determine whether an arbitration agreement allowed a non-signatory to invoke equitable estoppel to compel arbitration

In a suit by an auto body company against a captive insurance company for rescission of certain workers compensation reinsurance participation agreements...

A federal court in Minnesota determined that three of Plaintiffs' claims were not subject to the applicable arbitration clause:

A paid subscriber to defendant's online gaming magazine brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff's Facebook ID...

Owens, a terminated CEO, engaged in a AAA arbitration with his former company before a three-member panel...

The class claims were dismissed because Pilot reached a class action settlement in a rival action which deprived the plaintiff of standing to pursue its class claims.