Extreme Sports Challenge the Courts
As more Americans become involved in hazardous recreation, the number of personal injuries is also rising ' especially among minors. With injuries comes litigation, of course, and the popularity of extreme sports raises challenging questions of liability.
Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists
Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination.
When a Factor Has Not Approved Orders
Even though a seller's reclamation rights may find their underpinnings in the common law and in the UCC, there are strict limitations on the seller's reclamation rights under the Bankruptcy Code.
Case Notes
In-depth analysis of two important rulings.
Does the CFPB's New Integrated Disclosure Rule Preempt New York State Law?
The Consumer Financial Protection Bureau's (CFPB) new "Integrated Disclosure Rule" ' currently scheduled to take effect on Oct. 1, 2015 ' redesigns the disclosures that are provided under the Federal Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) in connection with certain residential mortgage transactions.
e-Discovery In An Information Governance World
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance.
<i>Sargon</i> Update: Reforming the CA Standard for Expert Testimony
<I>Sargon Enterprises, Inc. v. University of Southern California</I> has been touted as a "game-changer" in California jurisprudence. It was to be a decision ushering in <I>Daubert</I> "gatekeeper" functions, to protect juries against junk science experts. Many California trial courts are now regularly flexing their <I>Sargon</I>-empowered discretion, and scrutiny of expert evidence has become part of California law.
Keeping Government Environmental Investigations Civil
The threat of criminal environmental prosecutions is real. Most federal and state environmental statutes provide for criminal prosecution in appropriate circumstances, often for knowing violations of environmental law, but sometimes even on a negligence or strict liability basis. Here's what you need to know.
Verdicts
Analysis of the latest key rulings.