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Searching Content indexed under Trials & Appeals & Compensation 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
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
4
This Week's Florida Appeals: Week Of December 10 - 14, 2018
U.S. Eleventh Circuit Court of Appeals.
United States
20 Dec 2018
5
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
6
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
7
This Week's Florida Appeals: Week Of December 3 - 7, 2018
Calixto v. Lesmes - Hague Convention on Child Abduction
United States
13 Dec 2018
8
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
9
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
10
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
11
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
12
Related Decisions: Three Recent Cases Emphasize Breadth Of "Related Wrongful Acts"
Third-party liability policies often include aggregation clauses.
United States
6 Dec 2018
13
This Week's Florida Appeals: Weeks Of November 19 - 30, 2018
This Week's Florida Appeals: Weeks Of November 19 - 30, 2018
United States
4 Dec 2018
14
Clearing The Air: Tenth Circuit Strikes Down An Indoor Air Quality Exclusion, Citing Ambiguity
Ambiguity strikes again. While the heavily litigated pollution exclusion is well-known in the insurance world, its progeny—the indoor air exclusion ...
United States
22 Nov 2018
15
United States
22 Nov 2018
16
Supreme Court Of Florida Upholds The Frye Standard
On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al., the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony.
United States
19 Nov 2018
17
Court Invalidates Modified Arbitration Award Because It Exceeded Panel's Authority Under The Functus Officio Doctrine
An insured and its insurer were fighting over whether the insured's settlement payment in separate litigation was a covered loss and whether there was a duty to defend in the separate litigation.
United States
16 Nov 2018
18
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 States
16 Nov 2018
19
This Week's Florida Appeals: Week Of November 5 - 9, 2018
U.S. Eleventh Circuit Court of Appeals
United States
15 Nov 2018
20
This Week's Florida Appeals: Week Of November 5 - 9, 2018
Florida Appeals Court Decisions: Week Of November 5 - 9, 2018
United States
15 Nov 2018
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