Searching Content indexed under Personal Injury by Carlton Fields ordered by Published Date Descending.
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United States
22 Nov 2018
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 States
9 Nov 2018
Failure To Procure Cyber Insurance Could Haunt Your Company
A federal court in Florida recently adopted the now well-developed consensus that data breach losses are not covered under standard Commercial General Liability (CGL) policies.
United States
1 Nov 2018
Six Degrees Of Separation: Eleventh Circuit Upholds A Broad ‘Related Claims' Provision
"Related Claims" provisions in directors and officers (D&O) and errors and omissions (E&O) policies, while common, can spawn disagreement as to scope and application.
United States
24 Oct 2018
The Sentinel Strike: The Hartford's Gift To New York Insurers In The War To Stop Policyholder Experts From Claiming Ambiguities Exist In Clear Policy Exclusions
In this age of exponentially increasing technology, we can rely on one certainty in property casualty jurisprudence – that is, bold policyholder assertions supported by even bolder "expert" opinions.
United States
28 Aug 2018
Innovative Mass Tort Team Resolves Hundreds Of Cases And Slashes Defense Costs
A Fortune 100 manufacturer faced a daunting litigation scenario: it was a named defendant in over 1,000 mass tort actions. Those actions, previously dormant, were now being activated by the court.
United States
23 Aug 2018
The Shared Economy
Before discussing how and whether the shared economy should be regulated and litigation involving the shared economy, it is important to first define what we mean by the "shared economy".
United States
29 Aug 2017
The Ghost Of Systems Past: "Big Data" Suits Loom, But Old Data Issues Remain Unresolved
2017 could be big for litigation over "Big Data" applications in insurance. This past year saw the filing of several "price optimization" class actions, and claims against a fraud detection tool...
United States
5 Jan 2017
Look, Up In The Sky! It's A Bird, It's A Plane, It's… Uh Oh… A Super Lien!
Liability insurers have always gnashed teeth over the dreaded "super lien" – aka a lien asserted by Medicare for treatment expenses where the patient is reimbursed through a settlement obtained in personal injury litigation.
United States
1 Sep 2016
No Health Insurers Need Apply: Health Plan Can't Recover Medical Costs From NY No-Fault Insurer
Under no-fault laws, automobile policies typically must cover the cost of certain medical services provided to policyholders who have been injured in covered accidents. New York's insurance laws also permit those costs...
United States
27 Jul 2016
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