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Carlton Fields
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By Jason R. Brost
Vantage, the plaintiff, had purchased insurance from Assured Risk Transfer (ART) against the risk that a company to which Vantage had loaned $22 million would default.
By Jason R. Brost
The Fifth Circuit has affirmed a district court's ruling vacating an arbitrator's decision reforming a contract for mutual mistake, finding that reformation ...
By Gail Jankowski
In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, "ProEnergy") ...
By Andrew Gay
On September 12, the Fourth District Court of Appeal ruled that a Chapter 558 notice of defect can be considered the "commencement" of a construction defect action. Robert Grindel, et al. v. Centex Homes, et al., 2018 WL 4362058.
By Thaddeus Ewald
The Ninth Circuit recently decided two cases related to arbitration awards arising out of a settlement agreement between the Washington State Nurses Association (WSNA) and MultiCare Health System governing nurses' breaks and staffing plans.
By Matthew Conigliaro
The trial court ruled that the challenge was not preserved.
By Nora Valenza-Frost
Courts sometimes struggle with the issue of whether property damage arising in the context of a contractual relationship, particularly in construction contracts ...
By Thaddeus Ewald, D. Matthew Allen
Last month the Ninth Circuit affirmed a district court decision approving a class settlement regarding Volkwagen's marketing of clean diesel vehicles that used so-called "defeat devices" to circumvent emissions tests.
By Thaddeus Ewald
Within one week of each other, United States Courts of Appeals in two circuits have issued opinions holding that arbitration agreements ...
By Carlton Fields
Florida Appeals Court Decisions: Week of September 10 - 14, 2018
By Sylvia Walbolt, E. Kelly Bittick Jr.
Florida intermediate appellate courts are error-correcting courts. We all know that. So when does a Florida appellate court not correct error?
By Benjamin E. Stearns
Effective July 24, 2018, New Mexico adopted the NAIC Credit for Reinsurance Model Regulation. New Mexico adopted the Model Rule as "part of a broad effort to modernize reinsurance regulation ...
By Gail Jankowski
The stipulation and the restructuring plan was then approved
By Heidi Hudson Raschke
As we have reported, an assignment of benefits is a legal tool that allows a third party, like a contractor, to be paid for services performed, like repairs following an insured loss, for an insured property owner ...
By Benjamin E. Stearns
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.
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