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Case Briefs
Indiana Appellate Court Bound By Precedent Finding Pollution Exclusion Ambiguous
The Court of Appeals of Indiana, applying Indiana law, has held that according to prior Indiana high court precedent an absolute pollution exclusion for bodily injury or property damage arising out of “the actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape of pollutants” is ambiguous and therefore unenforceable. State Automobile Mutual Insurance Co. v. Flexdar, Inc., No. 49A02-1002-PL-00111 (Ind. Ct. App. Nov. 22, 2010). In affirming the trial court's decision, the appellate court deemed the exclusion ambiguous despite the presence of a policy endorsement stating that the pollution exclusion “applies whether or not such irritant or contaminant has any function in [the insured's] business, operations, premises, site or location.” The appellate court also held that the policyholder could not introduce subsequent policy provisions as evidence of the meaning of the policy at issue.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
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.