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Louisiana Appellate Court Rejects 'All Sums'
In Norfolk Southern Corporation v. California Union Insurance Company, 2002-0369 c/w 2002-0371 c/w 2002-0372, (La. App. 1st Cir., 9/12/03) 2003 WL 22110450, ___ So.2d ___, cert. denied, Louisiana Supreme Court, Dec. 19, 2003, Norfolk Southern Corporation and certain affiliates (“Norfolk”) filed a declaratory judgment action against various members of Lloyd's of London and certain London Market Insurance Companies (collectively “London Insurers”) seeking coverage under several excess comprehensive general liability polices from 1969 to 1986 for the costs of environmental clean up at various sites throughout the United States including three sites in Louisiana. The environmental damages arose from long-term wood-preserving operations carried out at various Norfolk sites. The Louisiana First Circuit Court of Appeals made seven key holdings:
The policy language provided that the London Insurers would indemnify Norfolk for the amounts Norfolk was legally liable to pay as damages due to “property damage … arising out of occurrences happening during the policy period.” The policies did not require the “property damage” to take place during the policy period; however, the court found that the unambiguous language of the policies clearly required the “occurrence” to have taken place during the policy period.
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.
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.
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.
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.
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.