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CA's 'Genuine Dispute' Doctrine
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.
Spoiled Rotten: Courts Are Split on Coverage for Contaminated Foods and Products
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.
A 'Not So' Full Defense
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.
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February issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
In re Swanson: Reaffirming a Substantially Old Question
<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.
February issue in PDF format
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Veoh: Increased Protection for Service Providers, Or a Trapdoor?
The August 2008 ruling in <i>Io Group, Inc. v. Veoh Networks, Inc.</i>, has been widely heralded as a win for online service providers in the legal maelstrom surrounding social media.
Gripe Sites: Sue or Stew
Gripe sites are Web sites whose purpose is to complain, criticize, and revile businesses or other institutions. So, what to do.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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