Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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Texas Legislature Passes Certificate of Title Bill Negating Effect of Clark Contracting Decision
August 26, 2009
On June 19 of this year, Texas Governor Rick Perry signed into law Senate Bill 1592, S.B.1592, 81st Leg., Reg. Sess. (Tex. 2009) ("SB1592"), bringing an end to an intensive five-month effort to negate the broader effects of a decision handed down by a bankruptcy court in the Western District of Texas in late 2008 relating to the perfected status of a lender on a loan purportedly secured by six equipment trucks.
Insurance Coverage for Trademark Infringement Lawsuits
August 26, 2009
Standard liability insurance policies contain, in addition to the well-known bodily injury and property damage coverages, an often-forgotten section known as "advertising injury," which affords coverage that too many companies overlook.
Overlapping Coverage, Divergent Case Law
August 26, 2009
Overlapping insurance coverage raises complicated issues for insurers, insureds, and the courts. This article discusses certain tensions among New York cases discussing "other insurance" in the duty to defend context, as brought to the fore by two recent decisions of the First Department of the New York Supreme Court, Appellate Division.
Insurers' Bad Faith Refusals
August 26, 2009
The Supreme Court of Georgia recently held in <i>Trinity Outdoor, LLC v. Central Mut. Ins. Co.</i> that an insured for which the insurer is providing a defense does not have a claim for an alleged bad faith failure to settle prior to the entry of an excess judgment.
Massachusetts Court Adopts Pro Rata Liability Allocation
August 26, 2009
In what can only be described as a major victory for insurers, the Massachusetts Supreme Judicial Court ' the state's highest court ' responded to certified questions from the United States Court of Appeals for the First Circuit by rejecting a joint and several (also known as "all sums") approach to liability allocation for progressive injuries, and instead adopting a <i>pro rata</i> method of liability allocation.
A New Legal Landscape for Franchising in South Africa
August 26, 2009
South Africa's Consumer Protection Act will have a significant impact on franchising in that country. The president of South Africa signed the new legislation into law on April 24, 2009, and it was published in the government gazette on April 29, 2009. The Act codifies many franchise practices that have been advocated by the Franchise Association of South Africa since the early 1990s and expands on existing provisions of South Africa's Competition Act, 1998.
New Zealand Considers ' and Rejects ' Franchise Regulation
August 26, 2009
While the United States shares a common language and common law background with the United Kingdom and New Zealand, those countries have gone in a different direction in regulation of franchising.
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