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  • Article

    Nebraska Adopts Reinsurance Credit Amendments To Insurance Law Based On NAIC Model

    On April 11, 2018 Nebraska Gov. Pete Ricketts (R) signed Legislative Bill 815 into law, joining the surge of states amending their insurance laws regarding when ceding insurers may claim credit for reinsurance.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Reaffirms That Washington State's Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA

    This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Nonpayment Of An Insurance Claim Is Not Elder Abuse

    Does the failure to pay an insurance claim constitute elder abuse? Not under Oregon's elder financial abuse laws. In January, the Oregon Supreme Court, answering a certified question from the Ninth Circuit ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Promissory Note Issued In Satisfaction Of Unpaid Insurance Premiums Is Valid And Enforceable, Even If Allegedly Derived From Unapproved Reinsurance Agreement

    The court refused to "look behind" and nullify that agreement based on defendant's allegations, particularly where there were no allegations of fraud or mistake in the issuance of the note.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Tax Court Rejects Captive Insurance Company Status Under 501(C)(15)

    Petitioner, a captive insurer domiciled in Anguilla, applied to be a tax-exempt small insurance company under IRC section 501(c)(15), and filed returns on this basis, making an election under IRC section 953(d).
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Texas Department Of Insurance Proposes Rule Changes Regarding Captive Insurance

    The Texas Department of Insurance has proposed a set of amendments to its regulations concerning captive insurance in order to implement changes passed into law by the Texas legislature in 2015 and 2017.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Based On Principles Of Fairness, Court Dismisses Putative Class Action RICO Claims Asserted Years After Initiation Of Suit

    In Robertson v. SunLife Financial, a federal district court in Louisiana dismissed with prejudice as time-barred an amended putative class action complaint alleging RICO and state racketeering claims...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    California Federal Court Finds Defendant Did Not Wave Right To Arbitrate Despite Delay In Initiating Arbitration

    Plaintiff argued that Defendant's basis for removal was not applicable because Defendants waived their right to arbitration or because the case is not related to the agreement containing an arbitration provision.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Court Orders Compliance With Arbitral Subpoenas, Deferring To The Panel's Assessment Of The Value Of The Requested Testimony

    In a case that had been filed and then stayed in a New York federal district court in connection with an ongoing arbitration involving alleged violations of federal securities laws...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Criminal Immunity Under FSIA, And Civil RICO Liability For Foreign Sovereigns

    The Foreign Sovereign Immunities Act, 28 U.S.C. §1602 et seq. (FSIA), is silent on the issue of criminal immunity for foreign sovereigns.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Eleventh Circuit Reverses Sanction Imposed Against Party That Defaulted In Arbitration To Determine

    Instead, the trial court entered a default judgment against Acosta, based on its admission that it had refused to pay the costs of the arbitration and the lack of evidence establishing its inability to do so.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Innovative Mass Tort Team Resolves Hundreds Of Cases And Slashes Defense Costs

    A Fortune 100 manufacturer faced a daunting litigation scenario: it was a named defendant in over 1,000 mass tort actions. Those actions, previously dormant, were now being activated by the court.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Missouri Court Finds Insurance Contract's Arbitration Clause Unenforceable As Against Public Policy

    AEGIS moved to stay the litigation and compel arbitration on the grounds that its policy contained a mandatory arbitration clause.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    New York Federal Court Finds Section 1782 Petition Can Reach Documents Abroad

    In a petition brought under 28 U.S.C § 1782, petitioner sought discovery of documents outside the United States. Recognizing the Second Circuit had not ruled on whether such discovery ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Enforces Arbitral Immunity Following FINRA Arbitration

    Plaintiff Syed Nazim Ali appealed a Northern District of California judgment dismissing Plaintiffs' diversity action against FINRA alleging state law claims arising from an arbitration proceeding.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit: Unconscionability Arguments Directed Solely At Class Action Waiver Provisions In Arbitration Agreements Are Foreclosed By Concepcion

    Ninth Circuit: Unconscionability Arguments Directed Solely At Class Action Waiver Provisions In Arbitration Agreements Are Foreclosed By Concepcion.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Supreme Court Denies Insurer's Petition To Review Standing In Data Breach Class Actions

    The breached companies – themselves the victims of cyberattacks – often face putative class actions by consumers whose nonpublic financial and health information was allegedly compromised in the breach.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Supreme Court Upholds Employee Individualized Arbitration Agreements Against Challenges Based On The National Labor Relations Act

    The U.S. Supreme Court ruled that agreements between an employer and an employee providing for individualized arbitration do not violate the National Labor Relations Act (NLRA).
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals: Week Of June 18-22, 2018

    U.S. Eleventh Circuit Court of Appeals.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals: Week Of May 14-18, 2018

    U.S. Eleventh Circuit Court of Appeals.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields

Showing 61–80 of 1465 results

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