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  • Article

    Fifth Circuit Follows D.R. Horton And Murphy Oil Precedent, Ruling That An Arbitration Agreement Prohibiting Employee Class Or Collective Actions Is Permissible

    The Fifth Circuit refused to enforce an order of the NLRB that found an arbitration agreement was invalid because it waived an employee's right to maintain employment related class or collective actions.
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Minnesota Implements The 2011 Naic Credit For Reinsurance Model Law And Regulations

    On May 8, 2018, the governor of Minnesota signed H.F. 3622, a bill implementing the 2011 NAIC Credit for Reinsurance Model Law and Regulations. The bill creates a new classification...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    National Flood Insurance Program Is Relieved Of $16 Billion Of Debt

    On October 26, 2017, President Donald Trump signed H.R. 2266, a disaster relief bill. Pursuant to section 308 of the bill, the Department of the Treasury will forgive $16 billion in debt owed by FEMA...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    South Dakota Adopts Credit For Reinsurance Model Law

    On March 6, 2017, the Governor of South Dakota signed into law House Bill 1045 conforming South Dakota law to the current version of the Credit for Reinsurance NAIC Model Law (Model 785).
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Special Focus: NAIC Hearing Regarding The Implementation Of The Covered Agreement

    The NAIC recently held a hearing on the implementation of the reduced reinsurance collateral provisions of the Covered Agreement
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Special Focus: Update On The Status Of The Covered Agreement

    Both the E.U. and the Trump Administration have now indicated that they will sign the Covered Agreement negotiated by the Obama Administration.
    WorldwideInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Employers And Employees Look Ahead To Potential Impact Of SCOTUS Rulings On Arbitrations vs Class Action Cases

    As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Reaffirms Iskanian Rule, Rejects Waiver Of Representative Action Under PAGA

    Defendants appealed an order from a California federal district court that denied their motion to compel individual arbitration of a former employee's representative claim under California's Private Attorney General Act (PAGA).
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Beyond Soundbites - Navigating Complex Permitting Challenges

    Ultimately, the NPS approved the survey, finding that it was unlikely to cause any significant or lasting environmental impacts.
    United StatesEnergy and Natural Resources
    Carlton Fields
    Carlton Fields
  • Article

    Court Vacates Arbitration Award In Crop Insurance Dispute That Awarded Remedies Preempted By Federal Law

    The plaintiff, a farming company, demanded arbitration against Diversified Crop Insurance Services over the nonpayment of federally reinsured claims.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Eighth Circuit Upholds Dismissal Of Claim Against Department Of Health & Human Services Under ACA Transitional Reinsurance Program For Lack Of Subject Matter Jurisdiction

    Seeking reimbursement of fees paid, allegedly by mistake, under the transitional reinsurance program in the Patient Protection and Affordable Care Act, the trustees of the Twin City Pipe Trades Welfare Fund's sued ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    NDNY Jury Awards $35m Plus Interest For Amounts Due Under Reinsurance Contracts

    Post-trial motions are to be filed by December 29, 2017.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Finds Plaintiff Entitled To Trial On Issue Of Whether An Arbitration Agreement Was Executed

    Defendant provided the district court with copies of two contracts – a Reinsurance Participation Agreement and a Request to Bind – that were purportedly signed by Plaintiff's CEO and contained arbitration clauses.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Seventh Circuit Affirms Dismissal Of Post-Liquidation Reinsurance Claim As Time-Barred

    We previously posted on the trial court's ruling addressing the statute of limitations in this case on June 23, 2016.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Special Focus: Follow The Fortunes Doctrine

    The follow the fortunes (or follow the settlements) doctrine has been an important part of many reinsurance relationships.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    The NAIC Says Aloha

    The National Association of Insurance Commissioners held its Fall National Meeting December 2-4 in Hawaii, saying aloha to 2017 and aloha to 2018. Key takeaways include:
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Florida Appeals (Week of March 6-10, 2017)

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

    Fourth Circuit Dismisses Appeal Of Order Compelling Arbitration In Voluntarily Dismissed Class Action

    This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Recognizes That Class Action Waivers In Arbitration Agreements Are Valid Under Epic Systems

    Citing the recent United States Supreme Court decision in Epic Systems Corp. v. Lewis, a panel of the Ninth Circuit Court of Appeals rejected the argument that an arbitration agreement was invalid ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Special Focus: The Covered Agreement

    The United States and the European Union have agreed on the final wording of a Covered Agreement which covers several topics, including the provision of collateral by foreign reinsurers.
    WorldwideInsurance
    Carlton Fields
    Carlton Fields

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