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Searching Content indexed under Litigation, Mediation & Arbitration by Carlton Fields ordered by Published Date Descending.
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1
Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny
The Southern District of California certified a food labeling class against Ocean Spray Cranberries, Inc. based in part upon a price premium damages model developed ...
United States
21 Dec 2018
2
Court Enforces Policy's Crumbling Foundation Plain Language In Dismissing Claims Against Insurers
A federal judge in Connecticut recently dismissed claims against insurers related to their denial of a claim by two homeowners whose home's foundation was crumbling.
United States
21 Dec 2018
3
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 States
21 Dec 2018
4
California District Court Denies Motion To Vacate FINRA Arbitration Award
A California district court recently denied a motion to vacate an arbitration award which had denied a plaintiff's claims brought before the Financial Industry Regulatory Authority ("FINRA").
United States
21 Dec 2018
5
Fourth Circuit Reverses Dismissal, Finding Federal Question Jurisdiction For Review Of Arbitral Award
The Fourth Circuit Court of Appeals reversed a Virginia federal court's dismissal of a challenge to an arbitration award.
United States
20 Dec 2018
6
This Week's Florida Appeals: Week Of December 10 - 14, 2018
U.S. Eleventh Circuit Court of Appeals.
United States
20 Dec 2018
7
When A Nightclub Is Forced To Say Goodnight: California Appellate Court Applies Broad Reading Of "Loss Of Use" Provision
The frustration property owners must feel when the actions of another cause them to no longer be able to use their property as originally intended is certainly palpable ...
United States
20 Dec 2018
8
Court Declines To Reconsider Summary Judgment Decision In Latest Development In Ongoing Asbestos Liability Reinsurance Litigation
The Northern District of New York declined to reconsider a September 2018 decision on competing motions for partial summary judgment ...
United States
18 Dec 2018
9
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 States
14 Dec 2018
10
Negligent Bad Faith? Limiting Insurance Bad Faith To Its Roots
Although frequently distinguished, an insurance policy is a contract like any other.
United States
14 Dec 2018
11
This Week's Florida Appeals: Week Of December 3 - 7, 2018
Calixto v. Lesmes - Hague Convention on Child Abduction
United States
13 Dec 2018
12
Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy
In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida's Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration award to be void as a matter of law and policy.
United States
12 Dec 2018
13
Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring, Training, And Supervising Claims For Failing To Prevent Intentional Torts
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability ...
United States
12 Dec 2018
14
Shingled Out: Eleventh Circuit Binds Homeowners To Individual Arbitration Provisions Displayed On Roofing Shingle Packaging
This case involved a twist on the classic "shrinkwrap" agreement. Here, plaintiff homeowners brought a putative class action seeking damages and declaratory relief on behalf of a class of building...
United States
11 Dec 2018
15
Arbitration Award Against HGTV Designer Confirmed Due To Failure To Raise Fairness Objections During Arbitration
The case involved an award in excess of $800,000 against a home designer and some affiliated companies for a renovation project that went bad.
United States
10 Dec 2018
16
Real Property, Financial Services, & Title Insurance Update: Week Ending November 23, 2018
Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of borrower...
United States
10 Dec 2018
17
Real Property, Financial Services, & Title Insurance Update: Week Ending November 16, 2018
Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC
United States
10 Dec 2018
18
Federal District Court Declines To Rule On Arbitration Award, Finding No Independent Basis For Jurisdiction
Following arbitration, the parties filed cross-motions to confirm and vacate the arbitration award. The District Court for the Southern District of California issued an order to show cause...
United States
7 Dec 2018
19
Related Decisions: Three Recent Cases Emphasize Breadth Of "Related Wrongful Acts"
Third-party liability policies often include aggregation clauses.
United States
6 Dec 2018
20
$100 Million Arbitration Award Supported By "Even A Barely Colorable Justification" Upheld Under The FAA
A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the "emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA,
United States
5 Dec 2018
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