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

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  • Article

    California Federal Court Remands Fraud Claims In Workers' Compensation Reinsurance Action To State Court

    In a March 15, 2018 order, noting that only state law claims remained in the case, a California federal court remanded to state court a lawsuit against an insurance company and its affiliates...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Plaintiffs' Notice That The ‘Taxman Cometh' Was Sufficient To Trigger Statute Of Limitations

    In a November 16, 2017 ruling, a California appellate court affirmed a summary judgment ruling in favor of several financial advisors ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
Article

Careful What You Ask For: Think Twice Before Asking The Appellate Court To Uphold Pleadings You Failed To Fix In The Trial Court

In Jackson v. Bank of America, N.A., 898 F.3d 1348, 1358 (11th Cir. 2018) the Eleventh Circuit reminded appellate lawyers that just because they can appeal a case does not necessarily mean they should
United StatesLitigation, Mediation & Arbitration
Carlton Fields
Carlton Fields
  • Article

    Contemplating Cross-Appeals – When "Winners" Need To Appeal

    One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

    In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Hacking The Short Hearing

    Every litigator has encountered it—the dreaded hearing set for ten minutes or less. The necessary implication of such hearings is that you will have only half that time to present your argument...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Plumbers Overcome Spokeo-Based Standing Blockage In Putative TCPA Class Action

    The Northern District of Illinois cleared the way for a plumbing company's putative TCPA class action against Allstate Insurance Company and Oh Insurance Agency by denying defendants' motions to dismiss, which were inspired by the Supreme Court's Spokeo v. Robins decision.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Supreme Court To Resolve Whether Failure To Disclose Under Item 303 Of SEC Regulation S-K Gives Rise To Securities Fraud Claims

    On March 27, 2017, the Supreme Court granted certiorari in the case of Leidos Inc., f/k/a SAIC Inc. v. Indiana Public Retirement System, a securities fraud class action.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals: Week of August 14-18, 2017

    A round-up of this week's appeals in Florida - week of August 14-18, 2017
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Timely And Specific: Making Objections To Federal Magistrate Reports

    Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate's report...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Real Property & Title Insurance Update: Week Ending January 6, 2017

    Foreclosure – Involuntary Dismissal: although lender's witnesses failed to explain lender's loan payment history statement, the statement reflected the principal amount due and had been admitted into evidence, which was sufficient to establish a prima facie case on damages and avoid involuntary dismissal.
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    Georgia Federal Court Finds Policy's Broad Firearms Exclusion Bars Coverage

    The U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis Specialty Insurance Co.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    D.C. Federal Court Permits Insured To Amend Complaint In Reinsurance Dispute Related To Credit Insurance Policy

    A District of Columbia federal court partially granted and partially denied a reinsured's motion to amend its complaint in a dispute over a reinsurance agreement for a credit insurance policy.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names Pursuant To Illinois Statute

    In this case, an Illinois appellate court held that Section 2-403 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-403, required the reinsurers and insurer of Developers Surety and Indemnity Co. a surety, ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Illinois Courts: Fixed Indexed Annuities Are Not Securities

    In 2009, the Securities and Exchange Commission (SEC) attempted to regulate fixed indexed annuities (FIAs) as securities by issuing Rule 151A.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    New Jersey Tax Court Finds That Companies For Which New Jersey Is The Home State Must Pay Taxes On All Premiums Paid To Captive Insurers For U.S. Based Risks.

    A tax court judge in New Jersey has handed Johnson & Johnson (J&J), and likely other New Jersey-based businesses that operate captive insurers, a significant loss in an opinion interpreting...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Are DC Federal Courts The Next Hotbed For Data Breach Class Actions?

    We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Eighth Circuit Reverses Sanctions on Lawyers that Settled Federal Court Class Action in State Court

    Last year at this time, we posted about two recent orders from a federal judge in Arkansas that found Rule 11 violations and abuses of the judicial process by attorneys for both the plaintiffs and the defense.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Next Stop The Supreme Court?: Circuit Court Extends American Pipe Tolling To Preserve Class Claims

    The Ninth Circuit recently held that plaintiffs whose claims were tolled during the pendency of two class actions were not time-barred from bringing a third related putative class action when the first two classes were not certified.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    No Injury, No Problem?: The First Circuit Weighs In On Certification Where Absent Class Members Lack Harm

    In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Showing 901–920 of 1465 results

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