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<i>In re SemCrude, L.P.</i> is a departure from the long-standing assumption that a multi-party netting agreement among affiliates would be upheld in bankruptcy if enforceable under applicable non-bankruptcy law. This article provides an analysis of the decision, the procedural status and its potential impact, and recommendations for minimizing the potential negative implications.
Highlights of the latest insurance cases from around the country.
This article provides a historical overview of California's "genuine dispute" doctrine, a summary of the general principles applicable under the doctrine, and a discussion of the recent legal developments in the doctrine.
In a series of recent cases addressing coverage for contaminated foods and similar losses, jurisdictions have split on the availability of insurance. Courts excluding coverage have relied on language traditionally used to exclude business and product-related losses, including the "your product" and "impaired property" exclusions. Other courts have rejected the application of these exclusions if it is unclear that the damage was to the insured's product and if the cause of the damage is not inherent in the product itself.
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Insurers take deductions from defense bills or delay payment of these bills far too frequently. Insurers engage in these tactics with many policyholders, but few actually challenge the insurer's conduct. There are, however, ways to challenge these tactics.
Highlights of the latest intellectual property news from around the country.
<b>In re Swanson</b> will likely have the effect of encouraging even more third-party ex parte re-examination requests, while only discouraging an applicant's incentive to perform a patent search to provide the best art to the PTO.