Occurrence Limits Under Multi-Year Policies: NJ Courts Are Changing Their Approach
In complex coverage cases involving 'long-tail' claims (such as asbestos bodily injury claims or property damage claims related to environmental pollution), decades of insurance policies can be put at issue. In many states, the policyholder's losses will be spread across the years in which the injury or property damage occurred on a proportionate basis, typically referred to as 'time on the risk' or pro rata allocation. <i>E.g., Security Ins. Co. of Hartford v. Lumbermens Mut. Cas. Co.</i>, 826 A.2d 107, 116 (Conn. 2003); <i>Sharon Steel Corp. v. Aetna Cas. & Sur. Co.</i>, 931 P.2d 127, 141 (Utah 1997); <i>Insurance Co. of N. Am. v. Forty-Eight Insulations, Inc.</i>, 633 F.2d 1212, 1224-25 (6th Cir. 1980).
Court Watch
Highlights of the latest franchising cases from around the country.
Compliance Programs for Private Companies
We all know that a proactive Securities Exchange Commission (SEC), combined with implementation of the Sarbanes-Oxley Act of 2002 (SOX), and activation of the Public Company Auditor Oversight Board (PCAOB), has triggered intense scrutiny on corporate ethics and accountability. One by-product of this is that the public company has come to serve as a mentor of sorts to the private company in the arena of corporate compliance programs, offering certain 'best practices' that may also be useful to the privately held company, its management, and its shareholders or owners.
<b>Product Review:</b> A Solution For Today's Data-Intensive Litigation Workflows
Bowman and Brooke LLP has 160 trial lawyers coast-to-coast in Minneapolis, Phoenix, Detroit, San Jose, CA, Los Angeles and Richmond, VA. Together, the firm defends corporations in products liability, toxic torts and other high-stakes litigation throughout all 50 states. <br>The nature of the firm's work ' and litigation in general ' is collaborative, and often dependent upon massive amounts of data. The explosion of documentary evidence brought on by compliance and electronic discovery obligations has made finding, organizing, analyzing and understanding case evidence more challenging than ever before.
Practice Tip: Toxic Cases ' Proceed with Caution
All product liability cases are difficult; however, toxic product cases that involve a substance that has caused injury during its use or application pose more of a problem than most others. For example, some spray paints may contain toxic substances that are part of the composition of the product. The warnings on such products are covered by the Federal Hazardous Substances Act ('FHSA'), which requires hazardous household products sold in interstate commerce to contain cautionary labeling, 15 USCA 1261. (A hazardous substance is toxic, an irritant, or a strong sensitizer if the substance may cause substantial personal injury or illness as a result of any reasonably foreseeable use.)
'Involuntary Dismissal' of the 'Innocent Seller': Continuing Choice of Law Issues in Products Liability MDL Proceedings
In multidistrict litigation ('MDL') proceedings involving product liability claims, the choice of what law to apply continues to be a thorny issue. For instance, in <i>In re Ephedra Products Liability Litigation</i>, No. 04-1598 (S.D.N.Y) (the 'Ephedra MDL'), Judge Jed S. Rakoff of the Southern District of New York raised the question of whether the Restatement of the Law Third of Torts could be applied as the universal law applicable to all claims in the proceeding. <i>See</i> Case Management Order ('CMO') No. 4 at '11, July 9, 2004. Judge Rakoff later concluded, at the Sept. 10, 2004 Status Conference, that application of such a 'universal law' would be inappropriate. Such choice-of-law issues, however, remain problematic. That is so not only with regard to substantive law, but with regard to procedural law as well.
The Class Action Fairness Act: The Meaning of 'Commenced' After 1 Year
The first part of this article discussed how the date of commencement in state court and how adding a new defendant impact removal of a class action case to federal court under CAFA. The conclusion addresses whether amending the complaint 'commences' the class action for purposes of CAFA.
<b>Technology In Marketing: </b> Time to Upgrade Your Firm's Web Site?
Despite their importance, many law firm Web sites are outdated ' having been designed, developed and launched several years ago when Web technologies were far less advanced than they are today. As a result, many law firms are not taking advantage of new technologies that could simplify site maintenance, improve the 'user experience' of site visitors, and more effectively promote the firm's expertise. <br>This article reviews some new technologies that firms should consider when evaluating whether their Web site is in need of a functional upgrade.
Blogging and the Workplace
You may not know about it, but it is happening: At least one, and probably more, of your business' employees has entered the 'blogosphere.' The world of blogs, or interactive diaries posted on the Internet, has expanded exponentially over the past 3 years, and 'bloggers' cannot seem to resist the urge to talk about their jobs. These sometimes quasi-journalistic postings raise a host of concerns for employers, such as protecting a hard-won public image, safeguarding confidential information, and preventing defamation of managers and co-workers. Such concerns arise because blogs can reach millions of readers long before the employer even learns about the posting.
