Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Domain Name Disputes Decline as Internet Matures
Tamara Loomis
The wild wild Web is getting tamed. Cyber-squatters no longer freely roam its highways looking for easy marks. And trademark owners who once went after anyone who crossed their path are now choosing their battles much more carefully.
Features
Where's Your Internet Headed?
Richard Raysman
&
Peter Brown
With the ever-increasing frequency of business being conducted over the Internet, the events giving rise to the potential extraterritorial application of law also have increased, drawing attention to an area of law that is anything but clearly delineated. The increased likelihood of law being applied extraterritorially means that businesses should now seriously consider where their Internet business is directed, who it is likely to be reaching and be prepared with at least some minimal knowledge regarding the laws of such jurisdictions.
Features
The Case for Online Dispute Resolution
Mark Grossman
Whenever you have buyers and sellers, you will inevitably have disputes, and the online world is no different. What the online world lacks but needs is an inexpensive, quick, efficient and impartial method of dispute resolution. What we have now is a patchwork system for dealing with these issues and I'm not optimistic that major improvements are coming anytime soon.
Features
Web Activity Enough for Discovery
Shannon P. Duffy
Even if a Web site is both commercial and interactive, a court cannot exercise jurisdiction over its operator unless there is also proof that the company has 'purposefully availed' itself of doing business in that state, a federal appeals court has ruled.
CASE BRIEFS
ALM Staff
&
Law Journal Newsletters
Highlights of the latest insurance cases from around the country.
Features
Door Opens for Malpractice Claims to Outlast Preemption Disputes
Leo T. Crowley
&
Alan Kahn
Until recently, state medical malpractice claims against HMOs were almost universally subject to federal preemption in light of the Supreme Court's expansive interpretation of the preemption provisions of the Employee Retirement Income Security Act of 1974 [ERISA], 29 USC ' 1144[a], which states in sweeping language that ERISA supersedes 'any and all State laws [that] ... relate' to benefits plans governed by ERISA. The effects of such preemption include federal subject matter jurisdiction and avoidance of state tort law and tort law damages.
Features
Negligence Standard Applies, Says Judge
Shannon P. Duffy
In a significant victory for plaintiffs, a federal judge has ruled that a negligence standard applies in 'excess verdict bad faith' suits against insurance companies whose refusal to settle a claim results in a verdict in excess of the policy limits.
The Battle over Mold: Report from the Front
Stephen R. Mysliwiec
Over the last 2 years, there has been an explosion in lawsuits by owners of residential and commercial properties seeking compensation for the cost of remediating mold-related damage. Mold has become the new 'tort du jour' in the construction industry. With the rise in mold claims, homeowners and owners of commercial property have scurried to review their first-party property insurance policies to determine whether they are insured for such damage.
Features
CASE BRIEFS
ALM Staff
&
Law Journal Newsletters
Highlights of the latest insurance cases from around the country.
Innocent Spouse Can Be Denied Coverage, Says NJ
Thomas L. Mulvihill
Can an insured's resident spouse be precluded from receiving no-fault coverage if the insured has commited fraud? On January 29, 2003, the New Jersey Supreme Court decided the case of <i>Palisades Safety & Insurance Association v. Leonel Bastien and Paule Bastien</i>, 814 A.2d 619 (2003) and decided for the first time 'whether an insured's resident spouse is precluded from receiving no-fault coverage when the insured lies to the insurer about his marital status and represents that there were no other persons of driving age residing in his household.' <i>Id.</i> at 620. The court affirmed a prior decision by the Appellate Division of the New Jersey Superior Court.
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