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The Duty to Defend and Indemnify the Ghosts of Mississippi
The U.S. District Court for the Southern District of Mississippi recently addressed whether an insurer's duty to defend and indemnify its insured under a claims-made policy for law enforcement wrongful actions covers allegations arising from the murder of two teenagers during civil rights unrest in 1964; the primary issues involved coverage in the presence of both covered and uncovered claims and the application of the known-loss exclusion. See National Casualty Company v. Franklin County, Mississippi, 2010 WL 1780197 (S.D. Miss., Apr. 29, 2010).
The County sought coverage for an action brought against it more than 40 years after two Franklin County, MS teenagers, Charles Moore and Henry Dee, were “kidnapped, beaten and murdered by members of the White Knights of the Ku Klux Klan.” 2010 WL 1780197 (S.D. Miss., Apr. 29, 2010). In 1964, two men were arrested and charged in connection with the crimes, but the charges were dismissed because of a “lack of evidence.” Id. For more than 40 years no one was prosecuted and convicted. In 2007, a federal grand jury indicted one of the two men originally accused of the abduction and murders. The other man charged in 1964 cooperated with the federal prosecutors, leading to a conviction and sentencing of the indicted man on all counts. Id. at *2.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.