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NJ Takes the Lead on Another Environmental Coverage Issue: Allocation Choice of Law
In one of the nation's first and most comprehensive allocation choice-of-law decisions, a court recently rejected insurers' claims that allocation law of the forum applies to property damage arising at multiple environmental sites if the policyholder's coverage action is venued in New Jersey. The decision was rendered in four companion environmental coverage cases involving a common choice-of-law issue. See General Electric Co., as successor in interest to RCA Corp. v. Certain Underwriters at Lloyd's London, Docket No. MER-L-4931-87 c/w MER-L-6432-88 (Law Div. Mar. 25, 2004), reconsid. den., (Law Div. May 12, 2004) (hereinafter “RCA“); Home Ins. Co. v. Cornell-Dubilier Electronics, Inc., Docket No. MER- L-5192-96 c/w MER-L-2773-02 (Law Div. Mar. 25, 2004), reconsid. den., (Law Div. May 12, 2004); Sterling Winthrop, Inc. v. Royal Indem. Ins. Co., Docket No. MER-L-101-94 c/w MER-L-106-94 (Law Div. Mar. 25, 2004); Rohm & Haas Co. v. Allianz Underwriters, Inc., Docket No. MER-L-4920-87 c/w MER-L-4664-95 (collectively, the “Companion Cases“). The court concluded that the law of the state in which each waste site is located presumptively applies to the allocation of damages. This decision, now the subject of pending appeals, is likely to reach New Jersey's Supreme Court because it was rendered in “high stakes” cases, and it has broad application to many other environmental coverage actions. If the Supreme Court ultimately takes up the matter ' something the court has demonstrated a willingness to do in connection with other challenging coverage issues (see, eg, Spaulding Composites Co. v. Liberty Mutual Ins. Co., 176 N.J. 25, 819 A.2d 410 (2003) (granting leave for interlocutory appeal regarding inapplicability of non-cumulation clause); Pfizer, Inc. v. Employers Ins. of Wausau, 154 N.J. 187, 721 A.2d 634 (1998) (granting leave for interlocutory appeal regarding choice-of-law governing interpretation of pollution exclusion); Carter-Wallace v. Admiral Ins. Co., 154 N.J. 312, 712 A.2d 1116 (1998) (granting interlocutory appeal regarding allocation) ' it will be the highest state court in the nation to resolve an allocation choice-of-law dispute in a multistate, multisite environmental coverage action.
Varying Allocation Approaches
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."