- 06/30/2010
Appellate Division Holds Corporate Officers and Employees Potentially Liable Under Consumer Fraud Act Based on Regulatory ViolationOn June 23, 2010, the New Jersey Superior Court, Appellate Division, in Allen v. V and A Brothers, Inc., held that where a corporation commits…
- 05/03/2010
Appellate Division Decides "Owned Property" Exclusion Does Not Apply To Damage To Insured's Property Caused by Remediation ProcessThe New Jersey Superior Court, Appellate Division, in an unpublished decision, recently addressed the application of the “owned property” exclusion in a homeowner policy to an insured’s property where a leaking underground storage tank caused soil and groundwater contamination. In Proformance Insurance Co. v. Riggins, Inc., No. A-2486-08T1 (App. Div. April 27, 2010), (“Proformance”), the Appellate Division held that if damage to the insured’s property is caused by a remediation process for covered damage, as opposed to the initial contamination that gives rise to the remediation process, the “owned property” exclusion does not apply to bar coverage.
- 04/08/2010
U.S. Supreme Court Broadens Availability of Class Actions in Federal CourtsOn March 31, 2010, the Supreme Court of the United States broadened the scope of class actions that may be filed in federal courts and…
- 04/08/2010
New Jersey Appellate Division Upholds $30.3 Million Verdict In Mesothelioma Asbestos-Exposure CaseOn April 5, 2010, the New Jersey Appellate Division upheld the state’s largest mesothelioma asbestos-exposure award in the case of Buttitta v. Allied Signal, Docket…
- 12/09/2009
Appellate Division Again Rules That Statutory Prohibition of UM/UIM Step-Down Clause Applies ProspectivelyThe Appellate Division decision in Ruoff v. American Asphalt Company, Inc., et al., No. A-958-08T1 (November 25, 2009) is the most recent in a series…
- 11/18/2009
Appellate Division Affirms Prospective Application of "Step Down" LegislationThe Appellate Division decision in Makroukalis v. Estate of Garcia, No. A-2800-07T2 (App. Div. Nov. 16, 2009), is the most recent in a series of…
- 10/21/2009
Plaintiffs Bar Likely Emboldened by the $105 Million Jury Award Entered Against Exxon Mobil Corporation in MTBE Water Contamination LitigationOn October 19, 2009, after an 11 week trial, a New York federal jury awarded $104.7 million in compensatory damages to New York City based…
- 10/19/2009
A Changing of the GuardThe global economic crisis, together with the platform of “change” on which Barack Obama rose from first-term Senator to President of the United States, is likely to usher in a new era of government oversight and regulation in the United States.
- 05/18/2009
Third Circuit Affirms “Safe Harbor” Protection for Forward Looking Statements Accompanied By Adequate Warnings and Cautionary StatementsThe United States Court of Appeals for the Third Circuit recently clarified the protection afforded under the “Safe Harbors” provision of the Private Security Litigation…
- 05/13/2009
New Site Remediation Reform Act Significantly Changes Remediation of Contaminated Sites in New JerseyOn May 7, 2009, New Jersey Governor John S. Corzine signed into law the Site Remediation Reform Act, also known as the Licensed Site Remediation…
- 10/18/2007
A Change in Climate: The Chilling Effect of Global WarmingThe question remains to what extent will the insurance industry feel the economic heat of “climate change litigation,” tabbed by plaintiffs’ attorneys as the next tobacco litigation?
- 10/11/2007
Cyber Liability: Understanding Technology Losses in an Age of E-CommerceIn today’s digital world, where electronic transactions are processed with lightning speed and where companies both large and small typically maintain confidential or proprietary data in electronic format, both the inadvertent loss of data and the theft of data by a new breed of thief -- the cyber-criminal -- pose an ever-increasing risk for unwary businesses.
- 10/10/2007
Preservation and E-Discovery from a Litigation and Risk Management PerspectiveAn overview of the recent amendments to the Rules with regard to the discoverability of ESI and the impact the changes have on litigants and potential litigants.
- 11/06/2006
The Emerging Stock Options Backdating Scandal and Strategic Approach to Claims for CoverageAnother corporate scandal in American business has become the subject of increasing media scrutiny and investigations by federal prosecutors’ offices and government regulators -- the improper and undisclosed “backdating” of executive stock options.
- 11/06/2006
The Increasing Significance of Aggregation in Complex Claims Litigation: The U.S. PerspectiveA look at the aggregation issue in the context of current claims in the forefront of the news and which may become significant to the insurance industry in the near future.
- 10/06/2005
Increasing Use of Bad Faith and Extracontractual Claims in Multi-National DisputesAn overview of how United States courts interpret the most common bad faith causes of action and extracontractual claims asserted by policyholders.
- Connecting the Dots: Insurance Coverage for Corporate Successors
In this paper, we provide insights as to how insurers should approach “connecting the dots” to determine coverage for corporate successors.
- Consider Yourself Warned!
The issue of the day in the United States pharmaceutical arena is federal preemption and exactly how, or even if, preemption will operate to bar state law claims against drug manufacturers, in particular those actions sounding in failure to warn and design defect.
- Navigating a New Wave of Product Liability Claims
Insurance companies need to understand the nature of emerging product liability claims and be prepared to answer inevitable demands for insurance coverage.
- Recent Developments and Trends in Personal Jurisdiction Over Foreign Pharmaceutical Companies
Courts within the United States have failed to develop clear standards for subjecting foreign manufacturers to jurisdiction in the Unites States for injuries caused by their products.
- The Emerging Sub-Prime Scandal and Strategic Approaches to Claims for Coverage
An examination of the genesis of the sub-prime market problems and provides an overview of the regulation and litigation reaction that is developing, and the potential effect on insurers.
- The New and Expanding Claims of Third-Party Payors Against Pharmaceutical Manufacturers
Recently, a new type of plaintiff has emerged, seeking financial damages as a result of alleged illegal marketing, antitrust violations, and fraud.
- The U.S. Captive Insurer Trend
A discussion of the status of U.S. law regarding a cedent’s obligation to provide timely notice to a reinsurer.
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