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Your search for ‘Carlton Fields’ returned 1,465 results

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  • Article

    New York District Court Confirms Foreign Arbitration Award, Reasoning That Courts With Secondary Jurisdiction May Not Refuse To Confirm An Award Due To Ambiguity

    In opposition to Petitioner's motion to confirm the final award, Respondent argued, among other things, that the final award was so ambiguous as to be unenforceable.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Affirms California District Court's Confirmation Of Arbitration Award

    In this matter, a California district court confirmed an arbitration award in favor of D.A.R.E. America, and denied a motion to vacate the arbitration award by D.A.R.E. New Jersey, Inc...
    United StatesLitigation, Mediation & Arbitration
Carlton Fields
Carlton Fields
  • Article

    SDNY Resolves Impasse And Selects Umpire For Arbitration Under The FAA

    Relying on its authority pursuant to the FAA and the language of the operative contract, the U.S. District Court for the Southern District of New York selected an umpire for an arbitration...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Supreme Court Says No More Spokeo: Portents For Other Standing Cases?

    As we previously reported, Spokeo II asked the Court to determine, in light of conflicting circuit court decisions, whether intangible harm to a statutorily-protected interest constitutes injury in fact even when a plaintiff cannot allege "real-world" harm or the imminent risk thereof.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Texas High Court Declines To Enforce Compel Arbitration Against Non-Signatory

    In a recent dispute involving a crop insurance policy, the Texas Supreme Court held that an independent insurance agency could not compel arbitration of certain claims brought ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Third Circuit Creates Framework For Analyzing Numerosity

    The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Humana Bundles Up; Files Suit to Recover Hundreds of Millions in Risk Corridor Payments From Uncle Sam

    On November 2, Humana filed a lawsuit in the United States Court of Federal Claims to recover approximately $600 million allegedly owed by the United States government. See Humana Inc. v. U.S., case number 1:17-cv-01664.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Carlton Fields
    Carlton Fields
  • Article

    European Reinsurers Question Whether Proposed Changes To The Credit For Reinsurance Models Would Ensure Compliance With The Covered Agreement

    We have posted a number of times on the Covered Agreement between the U.S. and the E.U. concerning the reduction of collateral requirements for reinsurance provided by reinsurers domiciled in the E.U.
    GlobalInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Third Circuit Rejects Inflated-Value Theory Of Damages, Declines To Certify Law School Tuition Class

    The Third Circuit recently affirmed the denial of class certification in a suit alleging that a law school made misrepresentations about the employment status of its graduates.
    United StatesConsumer Protection
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Holds That Class Action Waiver In Employment Agreement Is Unenforceable, Adding To The Circuit Split On The Issue

    As a condition of employment, E&Y's employees were required to sign agreements that contained a "concerted action" waiver requiring employees to pursue legal claims against E&Y exclusively through arbitration...
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Southern District Of New York Confirms Arbitration Award Despite Allegation Of Undisclosed Real Party In Interest

    After Hurricane Sandy hit the east coast in 2012, the Army Corps of Engineers contracted with Environmental Chemical Corp. (ECC) to conduct clean up on Fire Island, New York.
    United StatesEnvironment
    Carlton Fields
    Carlton Fields
  • Article

    Excalibur Reinsurance Corporation Placed Into Liquidation

    Excalibur had been in run-off status since 2003, and under regulatory supervision since at least 2013. A Pennsylvania court has now placed Excalibur into liquidation based on three grounds.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Carlton Fields
    Carlton Fields
  • Article

    California Appeals Court Upholds Summary Judgment Against Insured's Attempt To Pierce Insurer's Corporate Veil

    A California state appellate court recently upheld summary judgment in favor of an insurer in a dispute about the value of fine art paintings over the insured's attempts to pierce the insurer's corporate veil.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Rules Again On Motion To Dismiss In Matter Involving Unfiled Rates Charged Under Reinsurance Agreement

    On July 21, 2016, we reported on a putative class action filed in a California U.S. district court by Shasta Linen Company against Applied Underwriters, Inc. and its affiliated entities, alleging that the "EquityComp" workers' compensation insurance program marketed and sold by Applied Underwriters violated California insurance law and regulations.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    District Of Arizona Awards Broad Fee Award Where There Were Competing Motions To Confirm Arbitral Award

    We wrote regarding an arbitration confirmation fight between the Scottsdale Insurance Company and the John Deere Insurance Company in a reinsurance dispute relating to whether there was a computation...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Executive Compensation Disclosure – Partial Relief For Insurance Products

    For many years, insurance company issuers of non-variable products that are registered with the SEC on Forms S-1 or S-3 have been required to disclose compensation information about highly-compensated executive officers of the issuer.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Illinois District Court Dismisses Case Filed By Insurance Department, As Rehabilitator, Against Reinsurer

    The District Court for the Northern District of Illinois dismissed a complaint filed by Plaintiff-Rehabilitator, the Illinois Director of Insurance, against Defendant-Reinsurer, Twin Rivers, alleging breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment and a violation of the Real Estate Settlement Procedures Act (RESPA).
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Insurable Interest Found In Life Insurance Policies Procured By Investors Through Fraudulent STOLI Scheme

    The Florida Supreme Court recently held that life insurance policies procured by investors through a STOLI scheme did not violate Florida's insurable interest statute and could not be challenged...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Louisiana Federal Court Finds Removal Proper As Dispute Could Relate To An Underlying Arbitration Clause In Insurance Policy

    In this case, a Louisiana federal court denied a motion for remand of a former machinist's asbestos-related claim, finding that an English insurer's removal from state court was appropriate and that the dispute could relate to an underlying arbitration agreement contained in an insurance policy.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    SDNY Ruling Narrows Claims In COI Suit

    In EFG Bank AG, Cayman Branch v. AXA and The Duffy 2004 LLC v. AXA, in a February 14 ruling, AXA Equitable Life Insurance Company earned a sweet victory ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Showing 501–520 of 1465 results

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