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

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  • Article

    Court Compels Arbitration, Rejecting Claim That Contract Is Void For Lack Of Mutual Assent

    A New York court compelled the arbitration of a claim under a reinsurance agreement, rejecting the plaintiff reinsurer's claim that the reinsurance policy is void because the reinsured issued an underlying insurance policy which did not comply with the requirements stated in the reinsurance contract. In doing so, the court held that the plaintiff raised an issue of the interpretation of the reinsurance contract, rather than the formation of the contract.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Plaintiffs Survive Standing-Based Challenge To California Senior Notice And Financial Elder Abuse Claims

    In California, actions predicated on alleged senior notice requirement violations and financial elder abuse continue to challenge life insurers.
    United StatesInsurance
Carlton Fields
Carlton Fields
  • Article

    The Ghosts Of Christmas Past, Present, And Future Haunt Insurers' Use Of Big Data And Algorithmic Tools

    We may yet encounter a regulatory headstone or two before we wake to enjoy all the benefits that big data and algorithmic tools may bring.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Enforcement Of DOL's New Best Interest Contract Exemption's Anti-Arbitration Condition Is Enjoined

    The Minnesota court granted Thrivent's motion for preliminary injunction in a November 2017 order.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Following Series Of Procedural Battles, Bankruptcy Court Sends MF Global Holdings Dispute To Arbitration In Bermuda

    In the latest opinion arising from a coverage dispute following MF Global Holdings's bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Is It Time To Revisit SEC's Ban On "Forced" Arbitration Provisions?

    The SEC has long refused to allow companies to go public with bylaws or other governing documents that would require shareholders to arbitrate federal securities law claims against the company.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Affirms Order Rejecting First Amendment Challenge To Motion To Compel Arbitration

    The Ninth Circuit granted permission to appeal.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Updates To Berman's Florida Civil Procedure Flag Traps For The Unwary

    It's an unusually comprehensive and meticulously-prepared resource.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    U.S. Court Confirms London-Based Arbitral Award Against Belize, Finding Allegedly Partial Arbitrator Did Not Violate U.S. Public Policy

    The D.C. Circuit recently upheld a district court order confirming a London-based arbitral award against the Belize government over objections that enforcement of that award would violate...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Still Standing: Ninth Circuit Again Finds Standing in Spokeo Remand

    The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010.
    United StatesPrivacy
    Carlton Fields
    Carlton Fields
  • Article

    Real Property & Title Insurance Update: Week Ending February 3, 2017

    Foreclosure/Sufficiency of Notice: although lender's notice of default did not expressly state that property could be sold in foreclosure...
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    AIG Won't Have To Defend Carfax In $50 Million Antitrust Suit

    On March 1, a New York appeals court ruled that American International Group, Inc. (AIG) need not defend Carfax, Inc. against a $50 million suit alleging the company monopolized the vehicle history report market.
    United StatesAntitrust/Competition Law
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Partially Vacates Summary Judgment Ruling In Asbestos Risk Reinsurance Case

    The Second Circuit has partially vacated summary judgment rulings in a case involving the reinsurance of asbestos-related risks. The case involves Utica Mutual Insurance Company .
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    An Offer You Can Refuse

    The Second Circuit Court of Appeals recently confronted (again) a situation where a defendant made an offer of judgment to the putative class representative to provide all of the relief available...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Conflict Of Interest Renders Spouse Of Former Class Counsel Inadequate Class Representative

    The Eastern District of New York recently held that a former class counsel's spouse was an inadequate class representative due to the conflict of interest created by the relationship.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    No Pick-Off, No Problem: How A Pre-Certification Rule 68 Offer Survived (Twice)

    A magistrate judge in the United States District Court for the Western District of Pennsylvania denied plaintiff's motion to strike a Rule 68 offer of judgment served prior to class certification.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Rebuffs Attempt To Address In Federal Court Action Relief Previously Denied In State Court Suit

    The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract containing an arbitration clause.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Supreme Court To Determine Whether An Arbitration Clause Must Explicitly Authorize Class-Wide Arbitration

    The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, to determine "[w]hether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    The Key To Jury Instruction Preservation: Objecting With Precision And Completeness

    In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Real Property & Title Insurance Update: Week Ending June 2, 2017

    Real Property & Title Insurance
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Showing 821–840 of 1465 results

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