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Bifurcation of Bad-Faith Claims
Recently, federal courts across the country have ruled on insurers' motions to bifurcate bad-faith litigation; i.e., motions to separate and stay discovery and/or the trial of the bad-faith claims from the insured's claim for coverage. The most recent rulings in cases where insureds opposed bifurcation are mixed, but the majority appear to favor insureds and deny the carriers' motions to bifurcate. For examples of cases denying bifurcation motions, see Wagner v. Allstate Ins. Co., 2016 U.S. Dist. LEXIS 6364 (Jan. 19, 2016); Bitpay, Inc. v. Mass. Bay Ins. Co., ___ F.Supp. 3d ___, 2016 WL 1105263 (March 17, 2016); Brown v. Allstate Prop. & Cas. Ins. Co., 2015 WL 6739143 (M.D. Ala. Nov. 3, 2015). For examples of cases granting bifurcation motions, see Kermeen v. State Farm Ins. Co., 2015 WL 4727646 (D. Neb. Aug. 10, 2015); Holloway v. Ohio Sec. Ins. Co., 2015 WL 6870141 (W.D. Ky. Nov. 4, 2015).
Bifurcation
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.