Insurers' Standing in Three Asbestos-Related Bankruptcy Cases
October 08, 2004
Asbestos-related litigation has forced at least 70 companies into bankruptcy, with more than 30 filing since 2000 alone. RAND Institute for Civil Justice, <i>Asbestos Litigation Costs and Compensation: An Interim Report</i> (2002); The Asbestos Alliance, <i>Asbestos by the Numbers</i> (2004). Meanwhile, the outlook remains uncertain for a federal legislative solution. In the bankruptcy courts, companies, insurers, claimants and judges will be forced to grapple with a variety of issues regarding the appropriate use of Section 524(g) of the Bankruptcy Code. Central to these disputes is the extent to which insurers have standing to raise issues regarding the debtors' bankruptcy filings and the provisions of their reorganization plans. In this article, we discuss recent rulings addressing insurers' standing in three asbestos-related bankruptcies: <i>In re Mid-Valley, Inc., In re Congoleum Corporation,</i> and <i>In re Western Asbestos Company.</i>
Reinsurance Arbitration: A Discussion of Neutral Panels and Reasoned Awards
October 08, 2004
Traditionally, arbitration panels in the reinsurance industry have been tripartite panels with each party choosing its own arbitrator and the party-appointed arbitrators choosing a neutral umpire. Courts have recognized that party-appointed arbitrators may be advocates for the appointing party. <i>Sphere Drake Ltd. v. All Am. Life Ins. Co.,</i> 307 F.3d 617, 620 (7th Cir. 2002). ("In the main party appointed arbitrators are supposed to be advocates.") While the industry has become accustomed to the system of advocate arbitrators and there are those who champion this system, there has been a growing consensus that neutral panels may be preferable to advocate arbitrators.
IP News
October 08, 2004
Highlights of the latest intellectual property news and cases from around the country.
TTAB Decisions Past: Will They Come Back to Haunt You in Federal Court?
October 08, 2004
When a dispute arises between parties regarding the use and registrability of a trademark, counsel often must weigh the facts and circumstances to advise a client whether it would be best to commence an action in the PTO's Trademark Trial and Appeal Board ("TTAB") or file suit in federal court. In some cases however, counsel will find a client in the midst of a TTAB proceeding ' or worse ' after an unfavorable decision has been rendered against the client in an opposition or cancellation proceeding. In such situations, counsel must assess what preclusive effect, if any, the prior administrative decision may have in a subsequent trademark infringement action in federal district court.
Newcomer's Trademark Rights Take Back Seat in Limited Area to Local Prior User
October 08, 2004
What happens when a large newcomer to a geographic region with a federal registration for its service mark encounters a smaller pre-existing business in that region with prior use of a similar mark for the same services? Enjoinable reverse infringement results, according to the U.S. Court of Appeals for the Third Circuit. <i>Citizens Financial Group, Inc. v. Citizens National Bank of Evans City,<i> Case Nos. 03-2868 and 03-3175 (3d Cir. 2004).
Online: Web Site Advocates Health Care, Prescription Drug Access
October 06, 2004
The Community Catalyst created the Prescription Access Litigation Project ("PAL") in 2001 to use class action litigation and public education to end pharmaceutical price inflation. The Community Catalyst is a national advocacy organization that encourages consumer and community participation in the molding of our health system to ensure quality, affordable health care for everyone. Visit the Web site at <i>www.communitycatalyst.org.</i>
Case Notes
October 06, 2004
Highlights of the latest product liability cases from around the country.
Practice Tip: Web Site Hyperlinks as Adoptive Admissions
October 06, 2004
Companies are increasingly communicating with consumers via the Internet. With the explosion of the Internet during the last decade, the company Web site has become one of the most comprehensive and convenient locations to obtain information on a product. As the number of people using the Web has increased, company Web sites have gone from bare-bone sites of basic corporate information to becoming the starting point in any search for information on a company and its products. The swell in the use of such Web sites has increased their importance as a corporate voice and as a resource for consumers. Should a company change its Web site if a governmental or private agency issues a report that presents findings relating to one of its products and a risk of personal injury?
