Case Briefs
Highlights of the latest insurance cases from around the country.
Contingent Business Interruption Coverage
CBI insurance is becoming a more prevalent component of property coverage as a result of converging economic and world events. Risk managers are increasingly becoming sensitive to the fact that world events such as terrorism or riots, regional incidents such as power blackouts or hurricanes, or local occurrences such as strikes, fires, floods, or explosions can have far-reaching effects on their company even if supply chain risk solutions, crisis management, or business contingency plans are in place.
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Decisions of Interest
Recent rulings of importance to you and your practice.
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Procedural Bad Faith
An insurer with a policy that does not provide coverage may still be vulnerable for paying out on a bad faith claim.
NJ & CT News
Recent rulings of importance from neighboring states.
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The Evidence Rules All Family Law Attorneys Should Master
Conclusion of a three-part discussion of CPLR ' 4511, which provides that the Supreme Court and Appellate Courts must take judicial notice, without request, of the common law, constitutions and public statutes of the United States and of every state, territory and jurisdiction of the United States ...
Valuation and C Corp. Taxes on Embedded Gains
The first part of this article noted that the problem of how to value a holding company structured as a subchapter C corporation was recently tackled by the Appellate Division, First Department, in the context of a dissolution of marriage (<i>Wechsler v. Wechsler</i>). Part Two herein discusses the trial court's decision and discuss how other courts have handled the issue.
Update on Climate Risks and Insurer Responses
The risks posed by global warming have become a priority for both political and business leaders worldwide. Corporate policyholders and their insurers are facing new disclosure obligations and compliance costs as well as potential first-party losses and third-party liabilities resulting from climate change. This article provides an overview of recent developments of particular interest to corporate policyholders.
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Shopping Spree!
In matrimonial law, it is not uncommon for litigants to consult with a series of attorneys in order to narrow the pool of available counsel able to represent their spouse and "conflict out" particular lawyers. There is also an increasing instance of well-informed clients retaining particular attorneys to cause the disqualification of particular judges. In both instances, the integrity of the legal system demands that all appearances of impropriety be eliminated even at the risk of the client losing his or her preferred choice of counsel.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›