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Case Briefs
Insurer Must Defend Suit Alleging Violation of Consumer Protection Statute
In Auto Europe LLC v. Connecticut Indemnity Co., 321 F.3d 60 (1st Cir. 2003); a panel of the First Circuit Court of Appeals concluded that a liability insurer has an obligation to defend its insured against a suit alleging violations of Maine's consumer protection statute. The insured was sued by customers of its auto rental service who claimed in pleadings that the insured had intentionally defrauded and misled consumers regarding additional fees for auto rentals. The customers alleged that these actions had violated various state and federal laws, including Maine's consumer protection statute. The insured's insurance contract provided coverage for “any negligent act, error or omission,” but excluded “liability arising out of any act, error or omission which is willfully dishonest, fraudulent or malicious, or in willful violation of any penal or criminal statute or ordinances, and is committed (or omitted) by or with the knowledge or consent of the 'insured'.” Id. at 63. Citing this exclusion, the insurer argued that it did not have a duty to defend the insured in the underlying action.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.