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Case Briefs
State Farm and Katrina
Shocking the insurance industry, a federal judge in Mississippi took matters into his own hands when he rendered a judgment as a matter of law in favor of a Mississippi policyholder concerning Hurricane Katrina damage. On oral cross-motions for directed verdict, Judge LT Senter of the U.S. District Court for the Southern District of Mississippi found that State Farm erroneously denied Norman and Genevieve Broussard's insurance claims arising out of Hurricane Katrina because State Farm failed to carry its burden in proving the application of the water damage exclusion. Prior to trial, State Farm had paid the Broussards no money for their home that was reduced to a slab during the hurricane.
In Broussard v. State Farm Fire and Cas. Co., No. 06-00006 (slip op.) (S.D. Miss. Jan. 11, 2007) (Senter, J.), both parties moved for a Rule 50 Judgment as a Matter of Law at the conclusion of the evidence. The parties stipulated that plaintiffs 'sustained an accidental physical loss' of their dwelling and a loss of the contents of their dwelling 'as a result of Hurricane Katrina.' They also stipulated to the value of both plaintiffs' dwelling and contents. Rendering his decision in open court, Judge Senter opined that '[i]t is without dispute that Hurricane Katrina was a windstorm' and that plaintiffs met their initial burden of proving that 'they suffered an accidental direct physical loss to their dwelling, and an accidental direct physical loss to their contents caused by windstorm.'
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.
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.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.