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Case Briefs
Pennsylvania Court Addresses Related Claims Exclusion
In Aetna, Inc. v. Lexington Insurance Co. et al, case number 03076 (May 3, 2006), the Pennsylvania Court of Common Pleas of Philadelphia County addressed the definition of a 'claim' as related to several lawsuits alleging similar causes of action but in different jurisdictions filed multiple years apart.
In the Aetna case, Aetna sought insurance coverage for losses and defense costs related to the settlement of consolidated class actions first brought in 1999. The class actions generally alleged that Aetna had embarked on a course of conduct to squeeze health care providers ('HCPs') economically. According to the class plaintiffs, Aetna had denied coverage and refused to pay HCPs based upon economic grounds, rather than medical necessity; had delayed payments for significant periods; had reduced amounts otherwise to be reimbursed; had blacklisted certain HCPs; had refused to negotiate unilateral change to contract terms; had actuarially manipulated the system through various means; and had concealed the foregoing.
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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.